^, 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


r 


// 


// 


1.0 


I.I 


11.25 


U<  lU    12.2 


IK 


■  40 


7 


FhotograiAJc 

Sciences 

CoipQralion 


23  WEST  MAIN  STRUT 

WSWTf  ]t,N.Y.  14SM 

'7U)l7a-4S03 


CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


Technical  and  Bibliographic  Notas/Notas  tachniquaa  at  bibllographlquaa 


Tha  Inatituta  haa  attampted  to  obtain  tha  baat 
original  copy  available  for  filming.  Faaturas  of  thia 
copy  which  may  ba  bibliographically  unlqua, 
which  may  altar  any  of  tha  imagaa  in  tha 
raproductlon,  or  which  may  tignlficantly  change 
tha  uaual  method  of  filming,  are  checked  below. 


D 


D 


D 


□ 


D 


D 


Coloured  covera/ 
Couverture  de  couleur 


I     I    Covera  damaged/ 


Couverture  endommagie 


Covera  reatored  and/or  l.iminated/ 
Couverture  reataurAe  et/ou  pelllculAe 


□    Cover  title  miaaing/ 
Le 


titre  de  couverture  manque 


I      I    Coloured  mapa/ 


Cartea  g^ographiquaa  en  couleur 

Coloured  ink  (I.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 


I      I    Coloured  platea  and/or  illuatrationa/ 


Planchea  et/ou  illuatrationa  en  couleur 

Bound  with  other  material/ 
RellA  avec  d'autrria  documanta 

Tight  binding  may  cauaa  nhadowa  or  diatortion 
along  interior  margin/ 

La  re  liure  aerrAe  peut  cauaar  de  I'ombre  ou  de  la 
diatortion  le  long  de  la  marge  intArleure 

Blank  leavea  added  during  reatoration  may 
appear  within  the  text.  Whenever  poaaible,  theae 
have  been  omitted  from  filming/ 
II  se  peut  que  certainea  pagea  blanchea  ajoutiea 
lore  d'une  reatauration  apparalaaent  dana  le  texte. 
mala,  loraqua  cela  6tait  poaaible,  cea  pagea  n'ont 
paa  AtA  filmtea. 

Additional  commenta:/ 
Commentairea  aupplimentairea: 


L'Inatitut  a  microfilm^  le  meilleur  exemplaire 
qu'il  lui  a  iti  poaaible  de  aa  procurer.  Lea  dttaiia 
de  cet  exemplaire  qui  aont  pevit-Atre  uniquea  du 
point  de  vue  bibliographique.  qui  peuvent  modifier 
une  image  reproduite.  ou  qui  peuvent  exiger  une 
modification  dana  la  m^thode  normale  de  fllmage 
aont  indiquAa  ci-daaaoua. 


□   Coloured  pagea/ 
Pagea  de  couleur 


Th( 

to 


D 
D 


D 
0 
D 
D 

n 


Thia  item  la  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  eat  filmA  au  taux  de  rMuction  IndiquA  ci-deaaoua. 


Pagea  damaged/ 
Pagea  andommagAea 

Pagea  reatored  and/or  laminated/ 
Pagea  reataur^ea  et/ou  pelliculAea 


0    Pagea  diacolourad,  atained  or  foxed/ 
Pagea  dAcoiorAea.  tachatiea  ou  piqut 


piquAea 


Pagea 

Pagea  detached/ 
Pagea  ditachtea 

Showthrough/ 
Tranaparance 

Quality  of  print  variea/ 
Quality  in^gale  de  I'fmpreaaion 


Includea  aupplementary  material/ 
Comprend  du  materiel  aupplAmentaire 

Only  edition  available/ 
Seule  Edition  diaponible 

Pagea  wholly  or  partially  obacured  by  errata 
alipa,  tiaauea,  etc.,  have  been  ref limed  to 
ensure  the  best  poaaible  image/ 
Lea  pagea  totalement  ou  partiellement 
obacurclaa  par  un  feuillet  d'errata,  une  pelure, 
etc.,  ont  AtA  filmtes  A  nouveau  de  fa^on  A 
obtenir  la  meilleure  image  poaaible. 


Th 
po 
of 
fllr 


on 

be 
thi 
ale 
oti 
fin 
•lo 
or 


Th 
ahi 
Til 
wt 

Ml 
dif 
en 
be 

rig 
re( 
mi 


10X 

14X 

18X 

22X 

26X 

30X 

j 

)k 

12X 

16X 

20X 

24X 

28X 

32X 

ils 

u 

lifiar 

na 

aga 


Tha  copy  fllmad  hara  haa  baan  raproducad  thanka 
to  tha  ganarotlty  cf : 

Library  of  tha  Public 
Archlvas  of  Canada 

Tha  Imagaa  appaaring  hara  ara  tha  baat  quality 
poasibia  conaidarlng  tha  condition  and  laglbillty 
of  tha  original  copy  and  in  kaaping  with  tha 
filming  contract  spacificatlona. 


Original  coplas  in  printad  papar  cov«ra  ara  filmad 
baginning  with  tha  front  covar  and  anding  on 
tha  last  paga  with  a  printad  cr  illuatratad  impraa- 
slon,  or  tha  back  covar  whan  approprlata.  All 
othar  orl'iinal  copiaa  ara  fllmad  baginning  on  tha 
first  pai^a  with  a  printad  or  illuatratad  impraa- 
sion.  'jnd  anding  on  tha  iaat  paga  with  a  printad 
or  i!iustratad  impraaaion. 


Tha  last  racordad  frama  on  aach  microficha 
shall  contain  tha  aymbol  — ^(moaning  "CON- 
TINUED"), or  tha  aymbol  V  (maaning  "END"), 
which  ivar  appliaa. 


L'axamplaira  film*  fut  rapiodult  grica  i  la 
g4nAroait4  da: 

La  bibiiothiqua  das  Archlvas 
pubiiquaa  du  Canada 

Laa  Imagas  sulvantas  ont  AtA  raprodultas  avac  la 
plus  grand  soln.  compta  tanu  da  la  condition  at 
da  la  nattat*  da  l'axamplaira  film*,  at  an 
conformiti  avac  las  conditions  du  contrat  da 
fiimaga. 

Laa  axamplairas  originaux  dont  la  couvartura  an 
paplar  ast  imprlm^a  sont  fiim4s  an  commandant 
par  la  pramiar  plat  at  an  tarminant  soit  par  la 
darnlAra  paga  qui  comporta  una  amprainta 
d'impraasion  ou  d'iilustration,  soit  par  la  sacond 
plat,  aalon  la  cas.  Tous  las  autras  axamplairas 
originaux  sont  fiimis  an  comman9ant  par  la 
pramlAra  paga  qui  comporta  una  amprainta 
d'impraaaion  ou  d'iilustration  at  an  tarminant  par 
la  darnlAra  paga  qui  comporta  una  taila 
amprainta. 

Un  daa  aymboiaa  sulvants  apparattra  sur  la 
darnlAra  imaga  da  chaqua  microfiche,  salon  la 
cas:  la  symbola  -^  signlfia  "A  SUIVRE  ",  la 
symbola  y  signifia  "FIN". 


Maps,  platas,  charta,  ate,  may  ba  fllmad  at 
diffarant  reduction  ratloa.  Thoaa  too  larga  to  ba 
antiraiy  Included  In  one  expoaura  ara  filmad 
beginning  In  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  aa  many  frames  aa 
required.  The  following  diagrams  illustrate  the 
method: 


Lea  cartas,  planches,  tableaux,  etc.,  peuvent  Atre 
filmte  A  des  taux  da  reduction  diffArents. 
Loraqua  la  document  eat  trop  grand  pour  Atra 
reproduit  en  un  seul  cilchA,  II  est  filmA  A  partir 
da  i'angle  supArieur  gauche,  de  gauche  it  drolte, 
et  de  haut  en  bas,  en  prenant  la  nombre 
d'imagea  nAceaaaire.  Lea  diagrammes  auivants 
iilustrant  la  mAthode. 


rata 


eiure. 


3 


BX 


1 

2 

3 

1 

2 

3 

4 

5 

6 

OBSTlRtAtlONS 


ON    THE 


\<* 


IMPRESSMENT  OF 


AMERICAN  SEA'MEN 


fiY  THE  OFFICERS  OF  SHIPS  OF  WAR,  AND  VES. 

SELS  COMMISSIONED  BY,  AND  ACTING 

UNDER  THE    AUTHORITY    OF 


'i^ITH 


GREAT  BRITAIN; 


A.    FEW   REMARKS    ON   THE    DOCTRINE    Of 


NON.EXPATRIATION. 


TO     WHICH     13     ADDED,     A     CORRECT     LIST    OW 


IMPRESSED  SEAMEN, 


TAKEN  FROM  DOCUMENTS  LAID  BEFORE  CONGRESS* 


ADi;|JlESSED  TO  THE  PEOPLE  OF  THE  U.  STATES, 


BY  A  CITIZEN  OF  BALTIMORE, 


mmwm^t/m^ 


BALTIMORE:    PRINTED  BY  AND  POR    O,  DOBBIN  &  MURPHY^ 
NO.  4,    BALTIMORE-STREET. 

1806. 


;t       If 


^j'./.--,!  "■'■'V"-r  • 


OBSERVATIONS 


ON  THK 


IMPRESSMENT  OF 

» ■ » 

AMERICAN  SEAMEN,  kc. 


I » 


**  ARE  ye  not  raark'd  by  all  tJic  circ'Ung  world 

As  the  great  ftake,  the  laft  effort  for  liberty  ? 

Say,  is  it  not  your  wealth,  the  thirft,  the  food, 

The  fcope  and  bright  ambition  of  your  fouls  ? 

Why  elfc  have  you,  and  your  renowned  forefathers. 

From  the  proud  fummit  of  their  gUttVing  thrones^ 

Caft  down  the  mightieft  of  your  lawful  kings 

That  dared  the  bold  intringement  ?  what  but  liberty 

Aloof  hath  held  invafion  from  your  hills,  ^ 

And  fanflified  their  (hade  ?  and  will  ye,  w'.ll  ye. 

Shrink  from  the  hopes  of  the  expedlinpr  world  ;  ' 

Bid  your  high  honors  ftoop  to  Forw^  j»/m//. 

And  in  one  hour  give  up  to  infamy 

The  harveft  of  a  thoaland  years  of  glory  ?'* 

GUSTAVUS    VASA. 

T.   '   -.■^.,'"- 
HERE  is  no  obfcrvation  more  frequently 

made,  or  more  folidly  founded  in  truth,  than  that 

the  legitimate  end  of  every  government,  is  the  hap- 

pinefs  and  protection  of  the  governed.     In  the  dif- 

cufTion  of  queftions  of  dubious  policy,  or  ab(lra£l: 

morality,  the  mind  often  wanders  in  the  labyrinths 


(   4   ) 


\i 


of  doubt  and  uncertainty,  and  its  aberrations  are 
fan£lioned  by  the  perplexing  obfcurity  of  the  objc£\s 
of  its  contemplation.  But  this  is  a  pofition,  fo  ob- 
vious and  univerfal,  that  hke  a  felf-evident  truth,  it 
fpurns  at  logical  dedu£lion,  and  is  equally  imprefTcd, 
vrith  endemic  modifications,  on  the  mind  of  the 
boufelefs  favage  and  the  learned  civilian.  Since  then 
one  of  the  principal  ends  of  the  inditution  of  go- 
vernment is  the  protection  of  its  citizens,  it  follows 
as  a  neceflary  confequence  and  corrollary,  that  they 
have  an  indifputable  claim  upon  the  government  to 
vindicate  their  rights  and  liberties  whenever  they  are 
invaded  by  foreign  or  domedic  violence.  And  it 
ihould  be  remembered  that  every  citizen,  however 
fubordinate  in  the  fcale  of  the  community,  has  an 
equal  claim  with  the  mod  powerful,  to  this  impor- 
tant right,  a  right  with  which  he  is  invelled  by  the 
civil  compact,  and  which  is  as  virtually  attached  to 
the  naturalized,  as  to  the  native  citizen.  Thefe  con- 
fidcrations  naturally  occur  to  the  mind  as  it  refleCls 
on  thtf  tyrannical  opprefllon  pra£tifed  on  American 
Seamen,  by  (hips  of  war  and  vefTels,  commiflioned 
by^  and  a£ting  under  the  authority  of.  Great  Bri- 
tain.—The  magnitude  of  the  fleets  of  that  nation, 
which  almofl  bridge  the  ocean,  gives  her  an  uncon- 
trouled  fuperiority  on  that  element,  which  feenxs 
deflined  to  be  the  peculiar  theatre  of  her  glory. 
**  Divifum  imperium  cum  Neptuno  Britannia  habet." 
Hence  fhe  pofTefTes  the  power,  and  feidom  wants 
the  inclination,  (as  her  conduct  towards  America 


(     5    ) 


fufficicntly  evinces)  to  diftrcfs  the  commerce  of  neu- 
tral nations,  by  capturing  and  condemning  their  vef- 
fcls  and  property,  under  falfc  and  frivolous  pre- 
tences, or  by  infliding  a  deadlier  nvcund  on  their  na- 
tional profpcrity,  by  the  impreflmt-nt  of  their  fca- 
men.  The  former  of  thefe  injuries,  to  the  Argus 
eyes  of  intereft,  has  aflumcd  of  late  fo  alarming  an 
afpe£t,  and  is  fo  dcllructivc  in  its  indifcriminate  ope- 
ration, of  the  commercial  intcrclls  of  our  country, 
that  it  has  become  the  fubjed  of  petition  and  re- 
monilrance  to  the  government,  from  every  part  of 
the  union,*  and  forms  at  this  moment,  the  moll  im- 
portant objedl  of  congrelTional  deliberation. 

It  is  not,  hovrever,  the  intention  of  the  writer  of 
thefe  remarks,  to  expatiate  on  the  capture  and  con- 
iifcation  of  American  property  by  Great  Britain ; 
nor  to  difcufs  an  important  quedion  of  the  law  of 
nations,  arifmg  out  of.  and  neceflarily  conne^led 
with,  the  extraordinary  inhibitions  of  that  power  : 
Abler  pens,  and  more  enlightened  minds  are  en- 
gaged in  the  toilfome  iuveltigation,  and  will  no  doubt 
illicit  truth  from  the  collifion  of  argument.  But 
he  begs  leave  to  offer  a  few  remarks  on  the  impreiH. 
ment,  and  forcible  detention,  by  the  Britilh,  of  our 
ufeful  and  brave  fellow-citizens,  the  feamen  of  Ame- 
rica. Deeply  impreffed,  with  the  importance  of  the 
fubje£l,  and  fmcerely  lamenting  the  indignities  of- 
fered to  our  country,  of  which,  indeed,  every  day, 

*   Witnefs  the  memorial  from  Bofton,   Salem,  New-York, 
Philadelphia,  Baltimure,  Norfolk,  Charleilon,  &c. 


(  6  ) 


»t  it  pawners,  fumiOies  fonw  new  and  humiliating;  ex* 
arnplcs  ;  he  will  give  his  oblervations,  tlcfedivc  a« 
they  may  appear,  openly  and  without  refcrve  to  the 
public:— He  has  no  pcrfonal  injuries  to  complain  of, 
no  party  interelt  to  promote,  no  private  refentment 
to  gratify :  and  trulls  that  his  remarks  will  be  read 
as  they  are  written,  with  candor  and  impartiality. 

In  the  poflcinon  of  a  vail  extent  of  fertile  territo- 
ry, it  has  ever  been  the  policy  of  the  government  of 
the  United  States,  to  encourage  emigration  from  all 
parts  of  the  globe  ;  a  benign  and  happy  policy :  which 
offers  to  the  opprefl'cd  and  unfortunate  of  all  nations, 
fecurity  under  mild  and  equal  laws,  and  ample  fcope 
for  noned  exertion.  This,  as  we  (liall  hereafter  en- 
deavour to  (hew,  was  not  a  novel  procedure  in  the 
hiPory  of  nations,  nor  a  meafure  peculiar  to,  nor 
devifed  by,  the  United  States.  Naturalization  and 
denization  are  equally  known  and  fan£lioued  in  Eu- 
rope, whence,  in  faft,  the  idea  of  the  tneafure  was 
borrowed  by  America.  In  purfuance  of  this  policy* 
the  general  government  declared  by  feveral  a£ls,* 
(altered  and  amended  at  different  periods)  that  emi- 
grants from  foreign  countries  to  the  United  States, 
after  a  certain  probationary  refidence,  and  comply- 
ing with  the  requifitions  of  faid  adts,  (houkl  be  ad- 
mitted to  the   rights  and   privileges   of  American 

citizens. 

It  is  fcarcely  neceffary  to  ftate,  that  in  confequence 
of  the  encouragement  and  prote£lion    held  out  to 

*  See  the  A«5l»  of  Congrefe  » 


(    7    ) 


emigrants  by  our  government,  thoof^mls  of  our  poor 
«nil  opprcfTed  fellow  men,  embraced  the  plearmg  of- 
fer of  peace  and  fecurity  in  our  country,  an<t  ftrd 
from  the  devaflations  of  thnt  florm,  which  for  thir- 
teen years,  with  one  temporary  intcrmiffion,  has 
darkened  and  defolated  Europe.  America  became 
the  ark  of  repofe  for  the  wearied  and  opprcfTcd  of 
that  devoted  quarter  of  the  worhi,  where  war  and 
devadation  (lalk  hand  in  liand,  through  uncultivated 
fields  and  deferted  villages.  A  great  part  of  thofc 
who  thus  emigrated  to  our  fliores,  were  admitted  in 
due  feafon  to  the  rights  of  citizenflnp.  And  the 
American  government  became  bound  in  duty  and  in 
honor,  to  extend  the  fame  protedlion  to  her  natu- 
ralized, as  to  her  native  citizens.  For  the  inflant 
that  they  are  admitted  to  the  rights  of  citizcnfliip, 
the  national  faith  becomes  pledged  for  the  afl*er- 
tion  and  maintainance  of  their  rights  and  llbertiesi  as 
citizens  of  the  United  States. 

The  rapidity  with  which  the  wealth  and  commerce 
of  America  have  incrcafeJ,  fince  lier  feparation  from 
Great  Britain,  a  rapidity  unequalled  in  the  hiftory  of 
nations,  has  far  exceeded  the  hopes  of  her  friends, 
and  ihe  calculations  of  her  rivals.  The  fun  does 
not  (hine  on  a  corner  of  the  commercial  world  where 
her  flag  is  not  difpbyed,  nor  the  winds  raife  a  wave, 
which  is  not  cleft  by  her  ktels.  Her  importance 
among  nations  was  commenfurate  with  her  domeltic 
property,  and  furveying,  from  afar,  the  war  and  tu- 
mult which  were  rending  Europe  afunder,  and  con- 


(    8    ) 


templatlfifr,  with  gratltutlc  to  the  divine  author  of  alt 
good,  the  diflinguinied  blefliiig  of  her  own  fecurity, 
(he  might  exclaim  in  the  language  of  the  poet. 
Siuvr,  mari  mjgnn  turhantlbut  sequori  vpntii«        • 
I  ^  E  terra,  magnum  alteriui  fpcdtare  laborem  : 

I  Nun  quia  vcxari  queniquam  eO  jucunda  voluptat, 

Sed  quibus  i^jfe  malii  careaf,  quia  ccrnerc  fuave  eft."* 

Lucretius  Book  id. 

The  increafe  of  h'.^r  native  population,  however, 
could  not  keep  pace  with  the  increafe  of  her  com-' 
merce ;  nature  having  fixed  limits  to  the  multipli- 
cation, though  not  to  the  enterprizc,  of  man.  The 
demand  for  Teamen  increafed  as  her  commerce  ex- 
tended itfelf,  her  native  failors  could  not  fupply  the 
demand  ;  wages  rofe  to  an  uncaiculated  height  *,  and 
the  deficiency  in  the  crews  of  her  merchant  vefTels, 
was  fupplyed,  in  many  inilances,  by  foreigners  and 
emigrants  to  America  )  among  whom  were  fome 
native  born  fubje£ls  of  the  king  of  Great  Britain, 
who  fought  to  ameliorate  their  condition  by  renounc- 
ing their  country  for  ours,  and  becoming  citizens  of 
the  United  States. 

Great  Britain,  envious  of  the  growing  greatnefs 
of  America,  or  unwilling  that  (he  (hould  participate 
in  branches  of  commerce  which  fhe  confidereii  her 
cxclufive  property,  (for  what  other  conftrudlion  can 

*>  u  *Ti8  pleafant,  when  the  fras  are  rough,  to  ftand    .  r 
And  view  another's  danger,  fafe  at  land  ; 
Not  *caufe  he'3  troubled,  but  'tis  fweet  to  fee 
Th«fe  cares  and  fears,  frrm  which  ourfelves  are  free. 

.  V    f  Creech's  Tranjlation- 


■i-'^i 


(  9    ) 


ffafon  give  to  her  condu^)  commenced  a  fyftem  of 
outrage  and  depredation  on  the  America^  flag,  fof 
Which  a  parallel  muit  be  fooght  in  the  hillory  of  bar- 
barous and  fafage  nations. 

Her  fhips  of  vcar  boarded  ouf  TefTeh  on  the  high 
ftas,  and  tn  the  harbours  of  friendly  nations,  treated 
(heir  offtcerfl  with  the  mofl  contemptuous  abufe,  m*- 
timidated  them  by  threats  of  perfonal  violence,  which 
In  many  inflances,  were  cirried  into  effect,*  and  ty- 
rannically imprcffcd  their  crews,  which  by  the  law  ct 
nations  are  prote£^ed  by  a  neutral  flag.  Tndancet 
tfc  not  unfrequent,  in  which  they  have  Icrft  the  of- 
ficers of  reiTels,  expofed  to  the  danger  of  the  fca» 
for  wanf  of  hands  to  narigate  their  fhip,  or  to  pcrifii 
on  that  element  for  w«nt  of  food,  being  rendered 
incapable  of  making  any  port  whatfoever,  on  aceount 
of  the  lofs  of  their  crews.       To  joftify  thefe  extras 

*  The  writer  of  thefe  remarks  can  fafely  ftate,  wkhoiif  the 
dinger  of  comradii^ion,  that  in  the  month  of  Mafrch  or  April  iH 
the  year  1801,  an  American  captain,  in  the  iflmd  of  St.  Rarthn- 
lomews,  (then  lately  captured  by  Admiral  Duckworth)  wa« 
taken  out  of  his  own  veflll,  M-hich  he  had  chartered  to  the  Bri* 
tifti  government,  to  bring  water  from  St.  Kitts  for  the  ufe  of  the 
Britilh  troops,  and  carried  on  hoard  an  Englifli  floop  of  war  the6 
in  the  harbour,  and  was,  by  order  or  her  rufftw  coikMftandery 
(Younghufbandf)  without  any  caufc  or  provocatrmt  whntevi/, 
tied  to  a  gmi,  and  received  ao  or  30  hthei  from  a  boatfwiatn'* 
mate.  He  applied  for  redrels,  and,  as  mighv  be  exped^ed,  obfaintfd 
none. 

f  This  fellow,  we  hear,  has  fince  been  promoted  to  tfie  corn- 
mand  of  a  frigaiet 


W 


( 10 ) 


ordinary  violations  of  the  rights  of  a  neutral  anii 
friendly  nation,  Great  Britain,  ever  prolific  in  expe- 
dients, had  recourfe  to  the  fubtlety  and  finefs  of  her 
civilians.  Thofe  legal  conduit  pipes,  through  which  the 
will  of  the  government  is  conveyed, declared.That  the 
right  of  expatriation  never  exided  but  in  the  imagi- 
nations of  mdern  innovators.  That  no  British  fub- 
je£l  cou^ld  renc  ance  his  allegiance  to  his  king,  by  any 
zt\  of  his  own,  not  even  by  fwearing  allegiance  to 
another  power ;  that  the  king  has  a  conftitutional 
right  to  the  phyfical  exertions  of  his  fubje£ls  in  time 
of  war,  and  in  every  emergency  in  which  he  may 
think  proper  to  command  them.  And  confequently 
that  the  commanders  of  Brit*i(h  (hips  of  war  were 
judified.  in  examining  the  crews  of  the  veiTels  of 
neutral  nations  on  the  high  feas,  and  imprefling  all 
perfons  found  on  board  of  them  who  were  natives 
of  any  part  of  his  Britannic  majefty's  dominions. 
A  do£lrine  Co  tyrannical  in  principle,  fo  unfupported 
by  reafon,  and  fo  reftriftive  of  the  natural  freedom 
of  man,  fcarcely  deferves  the  refpeft  of  refutation. 
However,  fince  it  has  received  the  fan£lion  of  a  ju- 
dicial decision*  in  our  country,  a  deciflion  which 

*  Oa  the  tnal  of  Ifaac  Williams,  in  the  diftrldl  court  of  Con- 
ne<Jti cut,  February  47,  1797,  for  accepting  a'commlflion  under 
the  French  Republic,  and  under  the  authority  thereof  commit- 
ting zAa  of  hoftillty  againft  Great  Britain,  the  defendant  alledg- 
cd,  and  oflfered  to  prove  that  he  had  expatriated  hjmfelf  from 
the  United  States,  and  become  a  French  citizen  before  the  com- 
mencement of  the  war  between  France  and  England.  This  pro- 
duced a  queftion  as  to  the  right  '^f  expatriation  ;  when  Judge 


( 11 ) 


every  Amerlean,  and  every  friend  to  humanity  muit 
read  with  indignation,  we  will  beg  leave  to  make  a 
few  obfervations,  and  quote  the  opinions  of  a  tew 
but  refepeftable  writers  on  the  fubjcdt  to  (hew, 
that  this  doctrine  (lands  as  unfupported  by  autho- 
rity, as  it  is  repugnant  to  natural  reafon.  Among 
the  cevilians  of  that  nation  who  have  laboured  to 
interpolate  this  fmgular  do6lrine  into  the  code  of 

EIHvtrorth,  then  chief  juftice  of  the  United  States,  it  faid  to 
have  delivered  an  opinion  nearly  to  the  following  cfftcfl. 

*'  The  common  law  of  this  country  remains  the  fame  as  it 
was  before  the  revolution.  The  prefent  queflion  is  to  be  decided 
by  two  great  principles ;  one  is,  that  all  the  members  of  a  civil 
community  are  bound  to  each  other  by  compacfl ;  the  other  is« 
that  one  of  the  parties  to  this  compatfl  cannot  diflblve  it  by  his 
own  iSt,  The  compa<Sl  between  our  community  and  it's  mem- 
bers is*  that  the  community  Ihall  protedl  it's  members,  and  on 
the  part  of  the  members,  that  they  will  at  all  times  be  obedient 
to  the  laws  of  the  community,  and  faithful  in  it's  defence.  It  ne- 
ceflarily  refults  that  the  members  cannot  diflblve  this  compadt, 
without  the  confent  or  default  of  the  community.  There  has 
been  no  confent — no  default.  Exprefs  confent  is  not  claimed  ; 
but  it  is  argued  that  the  confent  of  the  community  is  implied, 
by  it's  policy — it's  conditions — and  it's  adls.  In  countries  fo 
crouded  with  in!iabitant8,  that  the  means  of  fubfiftencc  are  diffi- 
cult to  be  obtaiued,  it  is  reafon  and  policy  to  permit  emigration  ; 
but  our  policy  is  different ;  for  our  country  is  but  fcarcely  fet- 
tled, an^  we  ha^  e  no  inhabitants  to  fpare. 

*'  Confent  hai  been  argued  from  the  condition  of  the  coun- 
try, becaufc  we  /Tre  in  a  ftate  of  peace.  But  though  we  were 
in  peace,  the  war  had  commenced  in  Europe.  We  wi(hcd  to 
have  nothing  to  do  with  the  war;  but  the  war  would  have 
fomething  to  do  with  us.    It  has  been  extremely  difficult  for  us 


(   12) 


fiati«n6»  the  loarned  judge  Blackdone  is  the  rroO: 
eminent,  and  will  therefore  command  qui  attention. 
<*  It  is  a  principle  of  univerfal  law  (fays  that  (kilful 
juri(^)  that  the  natural  born  fubjed  of  one  prince 
cannot  by  any  a£lof  his  own,  no  not  even  by  fwear- 
inf  alJegi^ncc  to  another,  put  ofF,  or  difcharge  his 
uatural  allegiance  to  the  former."         ..-  .^,    . :,       k 

-j;.,;  BUc.  Com.  vol.  1,  page  369. 

.  Mr.  Tucker,  the  erudite  annotator  on  Blackltone's 
Commentaries,  in  his  refutation  of  the  principle  here 
laid  do.xrni  infornis  us  on  the  authority  of  Plato,  that 
;^t  Athens  it  was  lawful  for  every  mani  after  he  had 

to  k«ep  out  of  this  war;  the  progrel's  of  it  h^ts  threatened  f 
involve  us.  It  has  been  neceflary  for  our  government  to  be 
vigilant  in  refiraining  our  own  citizens  from  thole  z£is  which 
would  involve  us  in  hoftilities.  The  moft  vifionary  writers  on 
this  i'ubjec^  do  not  contend  for  the  principle  in  the  unlimited 
extent,  that  a  clt'zrn  may,  at  any,  and  at  alt  times,  renounce 
his  own,  and  join  himfelf  to  a  foreign  country.  ■!'•.:'«•;* ,?  >  • 
**  Confent  has  been  argued  from  the  zAa  of  our  government 
permitting  tne  naturalization  of  foreigners.  When  a  foreigner 
prefents  himfelf  here,  we  do  not  inquire  what  his  relations  is  to 
his  own  country ;  we  have  not  the  means  of  knowing,  and  the 
inquiry  would  be  indelicate  ;  we  leave  him  to  judge  of  that.  If 
he  emharraffes  himfelf  by  contracting  contradi(5lory  obligations, 
the  fault  and  folly  are  his  own ;  but  this  implies  no  confent  of 
the  government  that  our  own  citizens  Ihould  aMo  expatriate 
themftrlyes.  It  is,  therefore  my  opinion,  that  thefe  h6\s  which 
the  prifoner  ojTers  to  prove,  in  his  defence,  are  totally  irrele- 
vant,'* &c.  The  prifoner  was  accordingly  found  guilty,  fined 
and  imprifoned.  See  the  account  of  his  trial,  National  Maga* 
zinc.  No.  3,  p.  5^54.  I  prefumc  not  to  aitfwer  for  the  correianf  fs 
of  it.     Tucker's  Blac.  -       ^   •" 


(  13) 


tixamined  the  laws  and  cudoms  of  the  Republic,  if 
he  did  not  approve  of  them,  to  quit  the  city,  and  re- 
tire where  he  pleafed  with  his  cfFe£ls.*  By  the  con- 
ilitution  of  the  Roman  Commonwealth,  no  citizen 
could  be  forced  to  leave  the  Commonwealth ;  or,  if 
he  pleafed  not  (o  leave  it,  when  he  was  made  % 
member  of  another  which  he  preferred  to  it.  An4 
therefore  Cicero  fays,  that  a  little  before  his  remem- 
brance, feveral  citizens  of  Rome,  men  of  credit  and 
fortunes,  voluntarily  left  that,  and  fettled  themfelv:s 
in  other  commonwealths.  And  the  way,  fays  he, 
lies  open  from  evety  (late  to  ours,  and  from  ours  to 
every  other.  This  right  he  extols  in  the  mod  em- 
phatic manner.  «  What  noble  rights  If  which  by 
the  blefling  of  Heaven  have  been  enjoyed  by  us  and 
our  anceftors  ever  fince  the  (late  begun,  that  none 
of  us  Oiould  be  forced  to  leave  our  country,  or  (lay 
in  it  againft  out  will.  This  is  the  immoveable  foun^ 
dation  of  our  tiberty,  that  every  man  is  mafler  of 
his  own  right,  and  may  keep  it,  or  refign  it  as  he 
pleafes.":}:    Thefe  inftances,  fays  Mr.  Tucker,  whiclji 

*  Tucker's  Bbckftone,  part  ad,  v&l.  i,  page  190. 

f  O  jura  prseclara,  atque  divinitus  jam  inde  a  principin  Ro- 
matii  nominis  a  majoribus  noflris  coaiparata,  nequis  moilrum 
plus  quam  uniue  Civitatis  efle  polt,  nequis  invitus  Civltate  mu- 
tetur  ;  neve  in  Clvitate  maneat  Invitus.  Hac  funt  fundamsnta 
firmiifima  noftrse  libertatis,  fui  quemquam  juris  et  retinendi 
et  dimlttendi  efle  djuimnum.  Oratio  pro  L,  ConteKo  Batho, 

X  Tuckef*s  Blac.  part  ad.  vol.  i.  appendix,  page  191,  and 
Barlemaqui,  Natural  Law,  ad  part,  page  95. 


I 


I 


(  U) 


S'/. 


•  h 


arc  cited  by  PufFendorf*  on  this  fubjc£V,  prove  at 
lead  that  this  principle  was  neither  to  be  found  in 
the  Athenian  or  Roman  inftitutions.  '^'     '  ' 

Vattclf  who  discufles  this  queftion  with  his  ac- 
cuftomed  logical  precifion,  fays,  there  arc  cafes  in 
which  a  citizen  has  an  abfolutc  right  to  renounce  hts 
country  and  abandon  it  entirely.  If  the  citizen 
cannot  procure  fubfiflence  in  his  own  country  he  is 
doubtlefs  permitted  to  fcek  it  in  another.  For  the 
political  or  civil  fociety  being  entered  into  only  with 
a  view  of  facilitating  to  each  the  means  of  living 
in  happinefs  and  fafety,  it  would  be  abfurd  to  pre- 
tend  that  a  number  whom  it  cannot  furnifh  with 
fuch  things  as  are  moil  necefTary,  has  not  a  right 
to  leave  it4  And  again,  the  right  of  emigration 
may  arife  from  feveral  fources.§  *  ' 

After  adducing  many  inftances  in  which  the  right 
of  emigration  (or  as  it  is  called,  expatriation)  is  fecur- 
cd  to  the  fubject,  Vattel  proceeds  to  (late  the  various 
cuftoms  of  fome  modern  nations  in  this  refpefl.  The 
citizens  of  Neufchatel  and  Valengen,  in  Switzerland, 
may  quit  the  country  and  carry  off  their  effedts  in 
what  manner  they  pleafe  *,   a  citizen  of  Berne  may, 

*  Law  of  Nature  and  Nations,  Book  8,  Chap  1 1. 

•j-  **  One  of  the  moft  corredl  profeflbrs  of  public  law."  Sir 
William  Scott,  in  the  judgment  in  tke  cafe  of  the  Swedilh  fhip 
Maria,  High  Court  of  Admiralty,  1799.  ^ 

:|:  Vattel's  Law  of  Nations,  Book  i,  ch.  19,  fee.  123* 

§  Ibid,  fee.  aaj.    '  '    '  " 


(   15) 


if  he  pleafes,  remove  to  Fribourg,  and  reciprocally, 
a  citizen  of  Fribourg  may  go  and  fettle  at  Bern,  and 
he  has  a  right  to  take  all  his  effedls  with  him.*  On 
the  other  hand  it  appears  from  feveral  hidorical 
fadls,  particularly  in  the  hiilory  of  Switzerland,  and 
the  neighbouring  countries,  that  the  law  of  nations, 
edabiiflied  there  by  cuilom  for  fome  years  pad,  does 
not  permit  a  ilate  to  receive  the  fubjects  of  another 
(late  into  the  number  of  its  citizens.  This  vicious 
cujlotrtf  fays  Vattel^  had  no  other  foundation  than  the 
flavery  to  which  the  people  were  then  reduced.  A  Prince ^ 
a  Lordt  conftdered  his  fubjeSls  in  the  rank  of  his  property 
and  riches y  he  calculated  their  number  as  he  did  hisJJocks^ 
and  to  the  difgrace  of  human  nature,  this  Jirange  abufe 
is  not  yet  every  where  de/lroyed.\ 

Burlemaqui,  treating  of  the  duties  and  rights  of 
citizens,  delivers  his  opinion  on  this  fubjeft  as  fol- 
lows :  It  is  a  right  natural  to  all  free  people,  that 
every  one  ffjould  have  the  liberty  of  removing  out  of  the 
Commonwealth f  if  he  thinks  proper.  In  a  word,  when 
a  man  becomes  a  member  of  a  (late,  he  does  not  for 
that  reafon  entirely  renounce  the  care  of  himfelf  and 
his  own  affairs.  On  the  contrary  he  feeks  a  power- 
ful protedion,  under  the  (helter  of  which  he  may 
procure  to  himfelf  both  the  nece(rarles  and  conve- 
niences of  life.  Thus  the  fubje£ls  of  a  (late  cannot 
b*;  denied  the  liberty  of  fettling  elfewhere,  in  rrder 
to  procure  the  advantages  which  they  do  not  find  in 

*  Vattel,  book  r,  ch.  19,  fee.  225,  and  Tucker's  Black(l,onc, 
part  ad,  vol.  i,  appendix,  page  9a.         f  Ibidi 


w 


•pi 


(16) 


!■■ 


their  natifc  country.*  And  again.f  fome  make  s 
quedion  whether  fubje£ts  can  go  out  of  the  (late  in 
I  great  companies  ?  In  this  point  Grotius  and  PuflPcn- 
<(orf  are  of  oppofite  fentiment84  As  for  mj  own 
part  (he  contmucs)  I  am  of  opinion,  that  it  can  hard- 
ly happen  that  fubjccts  Aiould  go  out  of  the  ftate  in 
large  companies^  except  in  one  ot  the  two  following 
cafes :  either  when  the  government  is  tyrannical,  at 
when  a  multitude  of  people  cannon  fubfifl  in  the 
country;  as  when  manufaOurers,  for  example,  or 
other  tradefmen  cannot  6nd  the  means  of  making 
or  diftributing  their  commodities.  In  thefe  circum- 
ftances,  the  fubjefts  may  retire  if  they  willi  and»they 
are  authorized  fo  to  do,  by  virtue  of  a  tacit  excepttoii. 
If  the  government  is  tyrannical  it  is  the  duty  of  the 
fovereign  to  change  his  condu£l,  for  no  fubjcA  is 
obliged  to  live  under  tyranny.  If  mifbry  forces  them 
to  remote,  this  is  alfo  a  reafonable  exception  againd 
the  moft  expcefs  engagements.^ 

The  profound  Mr.  Locke,  than  whom  no  higher 
authority  can  be  produced  on  this  or  any  other  fub- 
jc£l  that  once  engaged  his  inquifitive  tefearch,  pofi- 
threly  denies  the  e^iiilcnce  of  a  right  in  governments 

*  Burlemaqul's  Natural  and  PeUticat  Law,  vol.  a,  part  z  ch. 
5,fcc.  xz.        t  Ibid,  fee.  1 6. 

%  GrotiiM  of  the  Right  of  War  and  Peace,  Book  2d,  ch.  jf, 
&c.  24  i  and  Psifendorf  of  the  l*vf  of  Katore  aud  Kationt, 
book  8,  ch.  II,  fee*  4. 

§  Burleinaqui,  -wi^  a,  part  ad,  ch.  5,  fee.  iC.  '* 

1 


(  17  ) 


ch. 


io  prohibit  the  emigration  of  their  fabjefla  or  citi- 
zens. There  arc  no  examples,  fuys  he,  fo  t'rcquent 
in  hidory,  both  Tac red  ami  profane,  as  thofeofm^ii 
withdrawing  themfelves  and  their  obedience  from 
the  jurifdi£lion  they  were  born  under,  and  the  fami- 
ly or  community  they  were  bred  up  under,  and  fet- 
ting  up  new  governments  in  other  pbces.*  This 
Ins  been  the  practice  of  the  world  from  the  firik  be- 
ginning to  this  day — nor  is  it  now  any  more  hind* 
ranee  to  the  freedom  of  men,  that  they  are  born 
under  conilituted  and  ancient  politics,  that  have  ef- 
tabliflied  laws  and  fet  forms  of  government,  than  if 
they  were  born  in  the  woods,  amongd  the  unconlin- 
cd  inhabitants  that  run  loofe  in  them.  For  thofc 
who  would  perfude  us,  that  by  being  born  under  a- 
ny  government,  we  are  naturally  fubjec^s  of  it,  and 
have  no  more  any  title  or  pretence  to  the  freedom  oE 
the  (late  of  nature,  have  no  other  reafon,  (bating 
that  of  parental  authority)  to  produce  for  it,  but  on- 
ly becaufe  our  fathers  or  progenitors  palTed  away 
their  natural  liberty,  and  thereby  bound  up  them- 
felves  and  their  poderity  to  a  perpetual  fubje£tion  to 
the  government  which  they  themfelves  fubmitted  to. 
It  is  true,  that  whatever  engagements  or  promifts 
any  one  made  for  himfelf,  he  is  under  the  obligation 
of  them,  but  cannot,  by  any  compact  whatfoever, 

*  Eflay  on  Civil  Government,  book  ad.  fcdlicp  115. — Lon- 
don edition^  1689. 


L 


I 


I 


'■'» 


(   18) 

bind  his  children  or  poftcrity.*  For  his  fon,  when 
a  man,  being  altogether  as  free  as  the  father,  any  a£t 
of  the  father  can  no  more  give  away  the  liberty  of 
the  fon,  than  it  can  «  "  any  body  elfe.  He  may  in- 
deed annex  fuch  conditions  to  the  land  he  enjoyed  as 
a  fubje£t  of  any  commonwealth,  as  may  oblige  his 
fon  to  be  of  that  community,  it  he  will  enjoy  thofe 
pofTeflions  which  were  his  father's ;  becaufe  the  ef- 
tate  being  the  father's  property,  he  may  difpofe  or 
iettle  it  as  he  pleafes.f        •<  « 

And  this  has  generally  given  the  occafion  to  the 
fniflalce  in  this  matter,  becaufe  commonwealths  not 
permitting  any  of  their  dominions  to  be  difmember- 
ca,  nor  to  be  enjoyed  by  any  but  thofe  of  their  com- 
munity, the  fon  cannot  ordinarily  enjoy  the  pofleiTi- 
ons  of  his  father,  but  under  the  fame  terms  his  fa- 
ther did,  by  becoming  a  member  of  the  fociety — 
whereby  he  puts  himfelf  prefently  under  the  govern- 
ment he  finds  there  eftablifhed,  as  much  as  any  other 
fubje£i:  of  that  commonwealth.  And  thus  the  ro/i- 
fent  of  freemen,  born  under  governments,  ivhich 
only  makes  them  members  of  it,  being  given  fepa- 
rately  in  their  turns,  as  each  comes  to  be  of  age,  and 
not  in  a  multitude  together  ;  people  t«ke  no  notice  of 
it^  and  thinking  it  not  done  at  all,  or  not  neceflary, 

*  Alfo  Grotius.-^"  By  the  bare  law  of  nature,  no  man  ii 
bound  by  the  fadl  of  another,  but  he  that  inherits  his  goods.'* 
Book  3d.  ch.  2d«  ^  .    .       / 

^  Locke,  ElTay  on  Civ.  Govern,  b.  ^d.  fee.  116. 


(  19  ) 


conclude  that  they  are  naturally  fubje£l8  as  they  are 
men.* 

In  the  cafe  of  Talbut  againd  Janfon.f  decided  in 
the  fupreme  court  of  the  United  States,  at  Augud 
term,  1795,  in  which  the  right  of  expatriation  was 
ably  difcuiicd,  it  was  contended  for  the  appellant,  as 
follows; — "  The  right  of  expatriation  is  antecedent 
and  fuperior  to  the  law  of  fociety.  It  is  implied 
likewife,  in  the  nature  and  obje£l  of  the  focial  com- 
pa£^,  which  was  formed  to  fliield  the  weaknefs,  and 
to  fupply  the  wants  of  individuals — to  protedl  the 
acquifitions  of  human  induftry,  and  to  promote  the 
means  of  human  happinefs.  Whenever  thefe  puf- 
pofes  fail,  either  the  whole  fociety  is  diflblved,  or  the 
fufFering  individuals  are  permitted  to  withdraw  from 
it.  There  are  two  memorable  inftances  of  the  expa- 
triation of  entire  nations  (independent  of  the  gene- 
ral courfe  of  the  patriarchal  or  paftoral  life)  the  one 
in  ancient,  and  the  other  in  modern  (lory.  When 
the  Perfians  approached  Athens,  the  whole  Atheni« 
an  nation  embarked  in  the  fleet  of  Themillocles,  and 
left  Attica,  for  a  time,  in  poflcflTion  of  the  Perfians. 
(Plut.  in  Vit,  Themift.  Trav.  of  Anachar.  i  vol. 
page  268.) 

In  the  year  1771a  whole  nation  of  Tartars,  called 

*  Locke,  fee.  117. 

f  Sec  this  cafe  reported  at  length  in  Dallas's  Reports,  vol.  3d. 
We  do  not  quote  the  whole  argument,  which  is  prolix,  but  on. 
ly  fuch  parts  of  It  as  were  confidered  moft  applicable  to  ouf 
fubjca. 


-V-;- 


•M'^'i  -  s-i^- 


r 


(  20  ) 


'*  TouTrroothn,"  making  fifty  thoufanM   fumilici,  or 
three   hundred   thoufaiid  fi/uls,  emigrated  from  tiie 
banks  of  the  Wolpra,  in  Kuflu,  and,  after  a  progrcrs 
of  inconceivable  difiirulty,  fcttlrxl  in  the  dominiont 
of  the  emprror  of  China,  v/ho  hofpitably   rcccircd 
them,  and  crcdrd  a  monument  on  the  f|>ot,  to  com- 
memorate the  event.     (Col.  Macj.  for  Feb.  1788  ) — 
But  ttic  aWlra(fl  right  of  individuals  to  withdraw  from 
the  focicty  of  which  they  are  members,  is  rccogniz- 
c<l  by  an  uncoinnK>n  coinciiicncc  of  opltiion — by   e-- 
cvCTy  writt-r,  ai>cient  and  modern  j  by  tht   miJian, 
as  rnell  us  by  the  Common  Law  Lawyer  *,  by  (be  Phi- 
Icfophcr  a^  well  a&  the  Poet — it  is  the  law  of  Nature 
and   of  Nntare's  God,  polntin|;  to"  the  wide  world 
before  "us,  where  to  chufe  our  place  of  reft,  and  Pro- 
vidence our  guide." — (2  Byrtk.  125.  "Wickfont,  b.  i 
c.  2.  p.  116.  Grot.  b.  2.  5.  $  24  et  elii.)     With  this 
Inw  however,  homan  inditutiotis  bave  been  often  at 
variance  }  and  no  inflitutions  more  than  the  feudal 
fyftcm,  which  made  the  tyranny  of  arms  tkt  bafis  of 
focicty  ;  diained  men  to  t\ic  foii  on  wiiicli  tbcy  were 
born^  and  converted  the  bulk  of  mankind  intio  the 
villeins,  or  ilaves  of  a  lord,  or  iinpcrior.     Frora  the 
feudal  fyftem,  fprung  the  law  of  allegiance ;  which 
purifuing  the  nature  of  its  origin^  refteon  lands  ;  for 
when    lands  were  al/  held  of  the  crown,  then   the 
oath  of  allcpunce  became  appropriate  :  it  was  the  te- 
nure of  the  tenant  or  vaflal.  (Blac.  Com.  366  )  The 
oath   of  fealty,  and  the   ancient  caft  of  allegiance, 
were,  almofl;  the  fame  j  both  relling  on  lands  i  borh 


(21  ) 


dcHgnatinfif  tlie  perfon  to  whom  fervice  Oioulu  be  rf fi- 
ltered i  though  the  one  makei  an  exception  at  to  the 
fuperior  Lord,  while  the  other  is  an  obligation  of  fi- 
delity againll  all  men.  (Black.  Com.  2.  53.  Pal.  140) 
Service,  therefore,  was  alfo  an  infeparrble  concom- 
itant of  fealty,  as  well  as  of  allegiance.     The  oath 
of  fealty  could  not  be  violated  without  the  lofs  of  the 
lands ',  and  as  all  the  lands  were  held  mediately,  or 
immediately,  of  the    fovereign»   a  violation  of   the 
oath  of  allegiance,  was,  in  fa£l,  a  voluntary  fubmif- 
fion  to  a  (late  of  outlawry.     Hence  arofe  the  do^lriiie 
of  perpetual  and  univcrfal  allegiance.     When,  how- 
ever, the  li^ht  of  reafon  was  (hed  upon  the  human 
mind,  the  intercourfe  of  man  became  more  general 
and  more  liberal;  the  military  was  gradually  changed 
for  the  commercial  ftate  ;  and  the  laws  were  found  a 
better  proteflion  for  pcrfons  and  property,  than  arms. 
But  even  while  the  pra6lical  adminidration  of  go- 
vernment was  thus  reformed,  fome  portion  of  the 
ancient  theory  was  preferved;  and  among  the  other 
things,  the  do£lrine  of  perpetual  allegiance  remained, 
with  the  fictitious  tenure  of  all  lands  from  the  crown 
to   fupport    It.     Yet,   it  is  to  be  remembered,   that 
whether  in   its  real  origin^  or  in  its  artificial  ftate, 
allegiance  as  well  as  fealty  refis  upon  lands,  and   it 
is  due  to  pcrfons.     Not  fo,  with  refpc<n:  to  citizcn- 
ihip,  which  has  arifen  from  the  difiblution  of  the 
feudal  fyftem  ;  and  is  a  fubftitute  for  allegiance  cor- 
refponding  with  the  new  order  of  things.     Allcgi- 
;\nce  and  citizenfhip  difl'cr,  indeed,  in  almoft   every 


<  22) 


r 


% 
•  I. 

r 

I' 


'  chara£^erlAic.  Otizenfliip  Is  iheefft^  tl  compzCk  t 
allegiance  is  the  urt»pring  of  power  and  ncccliity. 
Citizenihip  is  -j.  political  tie  ;  allcgiiince  is  a  territo- 
rial tenure.  Citizenihip  is  the  charter  of  equ.ility  t 
allegiance  is  u  badge  of  inferiority.  Citizenfliip  ii 
conUitution.il ;  allegiance  is  perfonal.  Citizenihip 
is  freedom  *,  allegiance  is  fervitude.  Citizenihip  it 
communicable  i  allegiance  is  rcpulfive. 

Among  the  nations,  in  which  the  law  of  allegiance 
is  mod  firmly  r/Iubli/^jfd^  the  mod  pertinacioufly  en- 
forced, there  are  llrikingdcviationa  that  demonilrate 
the  invincible  power  of  truth,  and  the  homage,  which 
under  every  modification  of  government,  mull  be 
paid  to  the  inherent  rights  of  man.  In  Rulha  the 
volunteers  who  fupply  the  fleet  with  ofTiccrs,  or 
literary  inilitutions  with  profcHbrs,  are  naturalized 
in  Poland  ;  an  American  citizen  has  been  made 
chancellor  to  the  crown.  In  France,  Mr.  Sartine^ 
who  was  miniltcr  of  Marine,  and  Mr.  Necker, 
who  was  Mlnilter  of  Finance,  were  adopted,  not 
native  fubjci'^s.  In  Etiglandt  two  years  fcrvice  in 
the  navy,  Ipfo  fa£to,  endows  an  alien  with  all  the 
rights  of  a  native.  Thefe  are  tacit  acknowledge- 
ments of  the  right  of  expatriation  veiled  in  the  indi- 
viduals ;  for  though  they  arc  inflances  of  adopting, 
not  of  dilcharging  lubjecls  •,  yer,  if  Great-Britain 
would  (ex  gratia)  protcdl  a  Ruinin  naturalized  by 
fervice,  in  her  fleet,  it  is  obvious  that  Jhe  cannot  do  fo 
nvithout  recc^'tiizing  his  riv^ki  cf  expatriation  to  be  Jitperior 
iothe  Emprcft's  right  of  allcgiajice.     But  it  is  not  only 


<  23  ) 


by 


in  a  neptive  vay  that  thefc  Hrviationn  in  fupport  of 
the  general  right  appear.  The  (lo£\rine  if»  that 
allegiance  cannot  be  due  to  two  fovereigns  (  and 
taking  an  o.ith  of  allegiance  to  a  new,  is  the  llronged 
evidence  of  witlidr.iwing  allegiance  from  a  previous 
fovercign.  Thus  Lewis  XIX.  received  his  own 
quondam  fubje^s,  the  two  FidlcrS)  as  ambaHTadors. 
Dr.  Story,  an  Englifhman,  was  fent  to  England  as 
the  minilter  of  Sp.un.  And  in  many  nations  the 
conditions  on  which  an  expatriation  may  be  efTef^ed 
(fuch  as  paying  a  ta.T,  or  leaving  a  portion  of  pro- 
perty behind)  are  adlually  prcfcribed. 

To  purlue  the  fubjc£t  one  Hep  further :  A  man 
cannot  owe  allegiance  to  two  fovcreigns,  i  Dlac. 
Com.  he  cannot  be  a  citizen  of  two  nations.  If  a 
man  has  a  right  to  expatriate,  and  another  nation  has 
a  right  and  difpofition  to  adopt  him,  it  is  a  compa£l 
between  the  two  pariicsi  confummatcd  by  the  oath  of 
allegiance.  A  man's  laft  ivillt  as  to  his  citizenfhipi 
may  be  likened  to  his  lad  will,  as  to  bis  edate,  it 
fupercedcs  every  former  difpofition  ;  and  when  either 
takes  cffe£l,  the  party  in  one  cafe,  is  naturally  dead, 
in  the  othc  r,  he  is  civilly  dead  ;  but  in  both  cafes, 
as  good  Chridians  and  good  Republicans,  it  mud  bo 
prefumcd  he  rifes  to  another,  if  not  to  a  better  life 
and  country." 

To  this  eloquent  and  irrefidable  argument,  which 
does  honor  to  the  tongue  that  uttered  it,  and  the  pen 
that  recorded  it,  it  would  be  arrogant  to  fubjoin  any 


,1 


I 


(24) 


remarks  of  our  own  ;  wc  will  only  obfcrvc  in  rcca- 
piluJation  of  the  reafoning  contained  in  it,  and  in 
the  writings  of  the  civilians  herein  before  quoted, 
that  erery  man  is  invefted  by  the  law  of  nature, 
with  the  right  to  emigrate  from  the  coun^  y  or  (late 
in  which  he  was  born,  and  withdraw  himfelf  from 
the  jurifditlion  of  any  civil  e(labli(hment  or  fociety 
in  which  he  may  have  been  bred,*  in  order  to  pro- 
mote his  own  happinefs  and  welfare.  That  this  is 
one  of  the  moii  important  rights  with  which  he 
is  invclled  by  his  Creator,  at  his  birth,  and  is  a 
right  of  which  he  can  never  be  l?\*'ully  deprived. 
That  the  excludve  right  of  property  being  a  crea- 
ture of  civil  or  pofitive  law,  may  be  afFe£led  by  the 
fame  means  by  which  it  was  created  by  the  lex  loci 
where  it  is  enjoyed :  but  liberty  as  well  as  life  being 
the  immediate  gift  of  God,  and  a  right  (lri£tly  na- 
tural, can  never  be  lawfully  reftrained  but  by  the 
confent  of  the  individual,  exprefsly  by  his  voluntarily 
becoming  i  member  of  a  civil  cftablifhnent,  or  by 
any  other  mode  by  which  his  confent  is  declared. 
And  in  the  cafe  where  the  confent  of  the  individual 
is  afcertained,  the  power  which  a  prince  may  exer- 
cife  over  his  lands  and  poffcflions,  cannot  be  condrued 
to  give  him  any  right:  over  his  per/on  :  Neither  can  a 
prince  or  government  in  whofe  territories  a  man 
happens  to  be  bom,  claim  any  right  to  detain  him 
therein,  merely  becaufe  hefirjlfaiv  the  light  there^  as 

*  Si  qxii  exlre  (civitate)  volunt,  confulere  fiibi  poflunt.  Cicero. 


(25) 


Mr.  Locke  has  mod  clearly  ftiewn,  the  mod  that  he 
can  do,  is  to  prohibit  him  from  carrying  his  property 
with  him  ;  which  if  lands  hs  cannot,  and  if  goods  he 
may  not,  (if  the  lavs  of  the  ftatc  forbid  it)  carry 
away  without  the  confent  of  the  government.* 

Mr.  Tucker,  who  difplays  in  his  examination  of 
this  do£lrine  of  non-expatriation,  the  liberal  fenti- 
ments  of  a  philanthropid,  and  the  laborious  refearch 
of  a  fcholar,  concludes  his  remarks  on  this  fubjedt  aa 
follows  :  "  From  the  whole  that  wc  have  feen,  it 
appears  that  the  right  of  emigration,  or  as  I  rather 
choofe  to  call  it,  expatriation,  is  a  right  (lri£tly  na- 
tural."f  Deplorable  indeed  would  be  the  condition 
of  humanity,  if  the  converfe  of  this  propofition  were 
eftablifhed.  The  beads  of  the  field  and  the  tenants 
of  the  fored  might  then,  with  reafon,  boad  of  a  fu- 
periority  over  the  pfeudo  lord  of  the  univerfe ',  and 
man,  proud  man,  would  find  himfelf  the  only  being 
in  creation  whofc  wanderings  are  limit^d>  or  whof? 
freedom  is  redraincd.    .  : 


as 


Tuck.  Blac.  voi,  a,  part  i. 


f  Ibid,  page  96. 


The  writer  of  thefc  remarks  acknowledge*  with  pleafiire, 
that  le  Has  derived  much  Information  on  this  fuhjedl  from  Mr. 
Tucker's  learned  note  before  referred  to,  entitled,  *'  The  Doc- 
trine of  Expatriation  Confidered."  He  has  chofen,  in  many 
inOances,  to  make  uie  of  Mr.  Tucker's  own  words,  as  the  judi- 
cious obfervations  of  that  venerable  jud;^e  on  this  fubjc(fl,  would 
fuflTcr  by  being  clothed  in  any  language  but  his  own. 


V  '-IW 


D 


(  26  ) 

It  is  therefore  evident  that  this  doftrine  of  non-» 
expatriation  has,  as  wc  have  (hewn,  neither  the  fane- 
tion  of  reafon  nor  authority  to  fupport  it :  that  it  is 
fet  up  in  dire£l  contradidlion  to  the  opinions  of  the 
moll  refpertable  and  profound  civilians  of  Europe^ 
of  Vattel  and  Burlimaqui,  of  Puffcndorf  and  Locke  : 
that  it  mull  be  clalTed  among  the  many  unjullifiable 
c.xpedients  of  Great  Britain,  to  aggrandife  her  am- 
bition at  the  expencc  of  juftice  ;  and  finally,  that 
it  can  never  be  confidered  as  cdahlilhing  a  right  on 
^vhich  to  found  a  legitimate  reclamati3n  by  that 
power,  of  perfons  who  were  born  in  the  dominions  of 
his  Britannic  Majefly,  but  who  have,  agreeably  to 
our  municipal  laws,  become  citizens  o(  the  United 
States. 

Great  Britain,  however  afTerts,  that  many  of  her 
natural  born  fubje<Sls,  employed  in  our  merchant 
fervice,  were  never  admitted  to  the  privileges  of 
American  citizens  ;  and  confequently,  that  although 
the  do£lrine  of  expatriation  were  univerfally  recog- 
nifed  (which  (he  declares  (he  never  will  accede  to) 
{he  (lill  retains  a  right  to  fearch  for  and  feize  fuch 
her  fubjedls.  , 

To  this  it  may  be  anfwered,  firft,  that  the  circum- 
fiance  of  their  emigrating  from  their  own  country 
and  domiciliating  themfelves  in  ours,  is  a  fufHcicnt, 
though  tacit  manifeftation  of  their  intention  of  in- 
corporating themfelves  with  our  citizens,  and  relying 
on  our  government  for  proteftion  when  failing  in 
American  veflels.     Secondly,  that  a  neutral  flag  on. 


(27  ) 


{he  high  ftas  has  ever  been  confidcred  a  fafeguard 
to  thofc  failing  under  it,  who  arc  not  enemies  in  miii" 
taryfervice  to  the  belli{,-rcnt  fcarcher.  The  general 
freedom  of  the  high  feas  and  of  neutral  veifels  navi- 
gating them  has  'ong  been  admitted  by  the  general 
confent  of  nations,  with  fuch  exceptions  only  as  are 
annexed  to  it  by  the  law  of  nations.  And  this  ge- 
neral freedom  of  the  high  feas  cannot  be  more 
{Irongiy  proved  than  by  the  exceptions  which  the 
law  of  nations,  in  certain  cafes,  has  made  to  it.  ^x- 
ceptio  probat  regulam.  Great  Britain  mud  then  pro- 
duce fuch  an  exception  in  the  law  of  nations  (in 
which  law  (he  as  a  nation  has  long  acquiefced,  and 
by  which  (he  muft  be  bound)  in  favour  of  the  right 
{h«  contends  for,  or  mud  (hew  that  it  is  fecured  to 
her  by  treaty  or  ilipulation.  We  believe,  however, 
that  ihe  wiM  fearch  in  vain  for  fuch  an  exception,  re- 
ferving  to  her  this  right,  and  that  (he  will  find  it  in 
no  ufuage  but  her  own. 

The  law  of  nations  has  eftablKhed  that  neutral 
flags  do  not  protect  certain  objeds  denominated  con- 
traband of  war,*  inchiding  enemies  ferving  in  the  nvur^ 

*  That  the  commerce  of  neutral  nations  may  fubfifl  In  all  the 
freedom  which  the  laws  of  war  will  admit,  there  are  rules  to  be 
obfcrved,  and  on  which  Europe  feems  generally  to  be  agreed. 
Commodities  particularly  ufed  In  war,  and  the  importation  of 
which  to  an  enemy  is  prohibited,  are  called  contraband  of  war. 
Such  are  armst  military  and  naval  Jlores,  horfest  and  even  pro- 
vlfioM  In  certain  jundures,  where  there  are  hopes  of  reducing 
the  enemy  by  famine — Vattel,  book  3,  ch.  7.     Thefe  are  fome 


u 


(  28  ) 


I 


!l 


I 
I' 


nor  articles  going  into  a  blockaded  port,  nor  cncmys 
property  of  any  kind  *  But  no  where  is  to  be  found, 
ts  our  lecretary  of  (late  juftly  obfcrvcs,  an  exception 
to  this  freedom  of  the  fees,  and  of  neutral  flags, 
which  can  jullifiy  the  taking  away  any  perfon,  not  aw 
fnemy  in  military  Jervice^  found  on  board  a  neutral 
ve/lel. 

Here  then  we  join  iflue  with  the  advocates  of  this 
principle,  and  call  upon  them  to  produce,  in  the  code 
of  nations,  a  fingle  exception,  by  which  this  pretend- 
ed right  to  imprefs  the  crews  of  neutral  veflels  is 
fecured  to  a  nation  in  time  of  peace  or  war.  We 
pofitively  deny  that  fuch  an  exception  exids,  and 
the  burthen  of  proof  from  the  relative  fituation  of 
Great  Britain  and  America,  and  the  nature  of  the 
claim,  neceifarily  reils  on  the  former.     We  believe^ 

of  the  exceptions  to  the  general  freedom  of  neutral  veflels  on  the 
high  Teas.  But  we  fearch  in  vain  in  the  works  of  this  able  civilian, 
and  of  the  other  v  riters  on  this  fubjedl,  fo^  an  exception  in  fa- 
vour of  the  right  claimed  by  Great  Britain. 

7  EfFedts  belonging  to  an  enemy,  founed  on  board  a  neutral 
Jhlp,  arc  feizable  by  the  rights  of  war  ;  but  by  the  laws  of  nature 
the  mafier  is  to  be  paid  his  freight,  and  not  to  fuficr  by  the 
feizure.     Ibid.  '  ;  - 

And  Bynkerfhook,  "  ratione  confulta,  non  fum  qui  videam, 
cur  non  liceret  capere  res  bofiiles\  quamvis  in  navi  arnica  reper- 
tas,  id  enim  capio,  quod  hoflium  eft,  quodque  jure  belli  vidlori 
cedit.    Queflionum  Juris  Pulici,  liber  i,  ch.  14. 

f  But  he  fays  nothing  of  the  right  to  imprefs  pcrfons  found 
on  board.  ,       . 


(29  ) 


however,  that  the  labor  of  refearch,  the  didortion 
of  principle,  or  the  fubtlety  of  argument  will  av.til 
her  nothing.  The  law  of  nature  and  reafon,  (land 
forch  to  oppofe  her.  Sophidry  may  miilead  and 
credulity  may  be  abufed,  but  reafon,  like  its  divine 
author,  wi'    be  eternally  the  fame. 

The  right  of  belligerents  to  vifit  neutral  vefTcls 
at  fea,  though  controverted  by  many  nations,  at 
different  periods,*  is  not  at  this  time  denied  by 
America.  It  is  therefore  not  a  matter  of  irrelevant 
inquiry  what  are  the  ends  intended  to  be  accomplifh- 
ed  by  this  right  of  vifitations  and  what  is  the  nature 
and  extent  of  this  rivihr  ?       .     ^        ,;- 

Sir  William  Scott  in  the  judgment  pronounced 
by  him  in  the  cafe  of  the  (hip  Maria,*  in  the  High 

*  II  fut  determine  (dans  Ie<«  14  tic  ct  15  me  fiecles)  qii'on 
n'auroit  plus  cgard  au  propt'6taire  de  la  cargaifon,  mais  a 
celuidu  vaifleau  ,  qu'un  vaijjeau  neutre  ne  pourroit  ptut  etre 
arrete  parce  qu  il  auroit  a  board  des  marchandifts  enemtest  & 
encore  moins  parce  qu'il  fcroit  deftinc  pour  quelque  port  ennemi. 

Schlegel. 

See  alfo  the  convention  for  the  re-eftahlifhment  of  an  armed 
neutrality,  between  his  majefty  the  king  of  Sweden,  of  tlie  one 
part,  and  his  majefty  the  emperor  of  all  the  Ruflias  on  the  other 
part,  concluded  and  figned  at  St.  Peterft)urgh,  the  4tV.  (i6th) 
December,  1800,  accepted  and  ratified  by  his  Swedifh  majcliy 
on  the  aoth  of  December,  and  by  his  imperial  majelty  of  all 
the  Ruflias  on  the  8th  (zoth)  December,  in  the  fame  year. 

-j-  This  was  one  of  a  fleet  of  Swedifli  merchantmen,  carrying 
pitch,  tar,  hemp,  deals,  and  iron,  to  feveral  ports  of  France, 
Portugal,  and  the  Mediterranean,  and  taken,  January,  179S, 
failing  under  convoy  of  a  fliip  of  war  ;  and  proceedee  againft 
for  reliftancc  of  vifitation  and  fearch  by  Britifli  cruizers. 


m 


" 


(  30) 


I 


Court  of  Admiralty,  iith  June,  1 799,  afTigns  the 
rcafonsfor  the  cxHlcncc  of  this  right,  and  accurately 
defines  its  limits.  ♦*  This  right,  fays  Sir  William, 
of  vifiiini;  and  fcarching  merchant  (hips  upon  the 
high  feas,  whatever  be  the  (hips,  whatever  be  the 
cargoes,  whatever  be  the  deflination,  is  an  incontef- 
tab'c  right  of  the  lawfully  conimiflioned  cruizers  of 
a  belligerent  nation.  I  fay,  be  the  (hips,  the  cargoes 
and  the  deftinations  what  they  may;  becaufe  till  they 
arc  vifited  and  fearched  it  does  not  appear  what 
the  pjips^  or  the  cargoes  *  or  the  dejlittatiom  are  ;  and 
it  is  for  the  purpofe  of  afccrtaining  theje  points ^  that  the 
necelTuy  of  this  right  of  vifitation  and  fearch  exifts. 
The  right  mull  unquellionably  be  exercifed  with  as 
little  of  pcrfonal  harlhnefs  and  vexation  in  the  mode 
as  podible  ;  but  foften  it  as  much  as  you  can,  it  is 
Jiill  a  right  of  force'" 

In  this  folemn  and  premeditated  declaration  of 
the  grounds  and  extent  of  the  right  of  vitatation  In 
belligerents,  made  by  the  ablell  civilian  now  living 
in  Great  Britain,  and  who,  from  his  official  fituation 
cannot  be  confidered  very  willing  to  extend  the  pri- 
vileges of  neutrals,  or  abridge  thofe  of  belligerents  ; 
it  is  moft  clearly  laid  down,  that  the  right  exifts  for 
the  purpofes  (and  it  may  fairly  be  infei;red  for  the 
purpofes  only)  of  afccrtaining  nvhat  are  the  /hips ^ 
nvhat  are  their  cargoes,  and  luhat  are  their  dejiinations, 

*  Will  it  be  contended  that  feamcnare  included  in  the  word 
**  cargoes  ?  * 


(31   ) 


» 

\e 

is. 

u 


If  this  right  had  been  referved  by  the  law  of  nations- 
for  another  important  purpofe,  viz.  for  the  purpofc 
of  imprefling  the  natural  born  fubjc£ts  of  the  power 
to  whom  the  belligerent  fearcher  belongs,  would  the 
circumfpefti  the  erudite,  the  didactic  Sir  William 
Scott,  prefiding  in  the  highefl  court  of  admiralty  ji>- 
rifdi£tion  in  his  country,  and  vindicating  and  (Iretch- 
ing  the  privileges  of  belligerents,  while  the  eyes 
of  Europe  were  turned  towards  him,  have  omitted  to 
enumerate  this,  one  of  the  mod  important  purpofes, 
for  which  this  right  of  vifitition  was  referved  ?  Let 
thofc  who  are  acquainted  with  the  depth  of  his  eru- 
dition, the  retention  of  his  memory,  and  the  capacity 
of  his  mind,  anfwer  the  queftion. 

Let  us  now  advert  to  treaties,  and  endeavor  to 
difcover  in  them  a  refervation  of  this  right  of  im- 
prefTment,  which  is  fearched  for  in  vain  in  the  law 
of  nations. 

In  the  treaty  of  Paris,  concluded  between  Great 
Britain  and  the  United  States  on  the  13th  of  Nov. 
1782,  not  a  word  is  to  be  found,  relating  in  any  man- 
ner to  this  important  claim.  By  the  Treaty  of  Amity, 
Commerce  and  Navigation,  between  his  Britannic 
Majedy  and  the  United  States  of  America,  figned  at 
London  the  19th  November,  1794,  it  was  (lipulated 
by  the  twenty-eighth  article,  "That  his  Majefty  and 
the  United  States  on  mutual  requifition,  by  them  ref- 
pedlively,  or  by  their  refpe£live  minifters  or  officers 
nuthorifed  to  make  the  fame,  will  deliver  up  to  jtif- 


(32) 


tice  all  perfons,  who,  being  charged  with  wurder  or 
forgery^  tnall  feck  an  afylum  within  any  of  the  coun- 
tries of  the  other,  provided  that  this  (hall  only  be 
done  on  fuch  evidence  of  criminality,  as,  according 
to  the  laws  of  the  place  wherein  the  fugitive  or  per- 
fon  fo  charged  (hall  be  found,  would  juHify  his  appre- 
hendon  and  commitment  for  trial,  if  the  offence  had 
there  been  committed."*  ,  ,     - 

This  is  the  only  inOance  in  which  Great  Britain 
has  referved  a  right  to  claim  any  of  her  fubjefls  who 
have  emigrated  to  the  United  States.  And  it  is  al- 
lowed her  by  the  treaty,  in  this  particular  indance^ 
for  the  bed  of  reafons,  and  for  the  mod  falutarj 
purpofes ;  for  the  puni(hment  of  fuch  as  have,  by 
their  crimes^  forfeited  all  claim  to  that  prote£^ion 
from  fociety.  to  which  every  other  member  of  it  is 
entitled.  But  furely  we  will  not  be  told,  that  it 
referves  to  Great  Britain  a  right  to  imprefs  the  crews 
of  our  merchant  veflTels,  or  that  (he  has  a  right,  under 
this  article  of  the  treaty,  to  claim  or  forcibly  take 
any  of  her  former  fubjc£^s,  by  fea  or  land,  but  fuch 
as  have  been  guilty  of  murder  or  forgery. 

It  is  a  maxim  of  reafon  as  well  as  of  law,  and  a 
faitliful  guide  for  interpretation,  that  "  defignatio 
unius  ed  exclufio  alterius."  Every  right,  therefore, 
to  claim  or  feiee  her  fugitive  fubjedls,  which  Eng- 

*  If  the  treaties  of  Great  Britain  with  the  diflferent  nations  of 
Europe  be  examined,  it  will  be  found,  that  (he  has  not,  in  a 
lin^le  inftance,  referved  in  any  of  them  the  right  fhe  cuntend^ 
for. 


(  33  ) 


iand  wlihed  to  refervc^  (he  has,  by  the  above  articls 
cxprefsly  referved.*  Every  right  which  (lie  has  not 
thereby  refervedf  and  which  Ts  not  fccured  to  a  bel- 
ligerent by  the  law  of  nationS)  (he  has  thereby  vir- 
tually difclatmed  and  difavowed. 

Whether,  therefore,  we  fearch  for  the  foundation 
of  this  claim  in  the  law  of  nations,  which  is  a  rule 
independent  of  compact,  by  which  the  fov^reigns  of 
the  civilized  world  confent  to  be  governed,  or  ex« 
amine  the  treaties  and  (lipulations  of  Great  Britain^ 
vrith  our  own  or  other  governments,  it  equally  eludes 
our  mod  inquifitive  invelligation.  It  is  in  fatt,  a 
foundling  unknown  among  nations  (incc  the  abolition 
of  the  feudal  fyltem,  but  adopted  by  Great  Uritain 
tks  the  legitimate  offspring  of  royal  prerogative,  i 
'  It  is  not  our  intention  to  examine  the  right  ex-* 
crcifed  by  Great  Britain  of  impreiUng  her  own  (ub- 
je£ls  in  her  own  territories.  We  do  not  wi(h  to 
multiply  quotations,  nor  to  tire  our  readers  witli 
teite  or  unintereding  difquiritions.  It  might,  how« 
ever,  afford  entertainment  as  well  as  in(lra£lion  to 
obferve,  for  a  moment,  the  obvious  contrariety  of 
opinion  difcernible  in  the  writings  of  Englijh  lawyers 
on  this  fubjedl. 

,    «  As  to  the  imprefling  of  Teamen,  it  is  (Irange 
that  itslawfulnefs  (hould  ever  be  called  in  quedion 

*  That  i?,  every  right,  except  thofe  rights  fecurcd  to  bclUgsT* 
cnts  by  the  law  of  nations  and  the  rights  of  war* 


(  34) 


by  any  perfon  who  has  read  our  hiftory  or  (latutd 
book.  The  crown  has  been  in  poflcfllon  of  it  from 
time  immemorial."  Molloy  dc  jure  Maritimo  ct  Na- 
vaii,  vol.  I,  ch.  6,  page  139. 

From  the  pofitive  manner  in  which  Molloy  afTerts 
the  exigence  of  this  right,  we  might  be  led  to  be- 
lieve, that  Englijb  writers ^  at  lead,  were  unanimouf- 
ly  agreed  on  this  fubjeft.  It  will  be  found,  however, 
that  the  contrary  is  the  fa£k— Sir  Edward  Cooke, 
(who  it  is  to  be  fuppofed  read  the  hiftory  of  England 
and  the  ftatute  book)  fays,  2  Infl.  page  47,  «  the 
king  cannot  fend  any  fuhjeSJt  again/}  his  tvilJ,  out  of  the 
realm,  not  even  into  Ireland,  for  then  under  pretence 
of  fervice,  he  might  fend  him  into  baniftiment."        • 

In  Hails*  Pleas  of  the  crown,  it  is  declared,  «  re- 
pugnant to  the  liberty  of  an  Englifliman,  and  irrq- 
concileable  to  the  cftablifhed  rules  of  law,  that  a 
man,  without  any  offence  by  him  committed,  or  any 
law  to  authorife  it,  (hould  be  hurried  away  like  a  cri- 
minal Jrom  his  friends  and  family  ^  and  carried  by  force 
into  a  dangerous  fervice"  Vol.  2,  page  679. 

This  right  then  has  been  called  in  queftion,  «  by 
thofe  nvho  had  read  the  hi/lory  of  England  and  the  flat  ute 

book:* 

That  the  crown  has  not  been  in  poiTeflion  of  this 
right  *<  from  time  immemorial,"  is  fufficientiy  proved 
by  the  parliament  having  pafled  diff'erent  (latutes  at 
different  periodsi  giving  to  the  fovcreign  a  fpeciaA 


(35) 


power  to  Imprefi  foldiers  and  feamen.*  Thefe  fta- 
tutes  were  of  temporary  duration,  and  expired  at 
the  period  limited  for  their  continuance.  If  the 
crown  had  been  in  pofTefTion  of  this  right  **  from 
time  immemorial/'  it  was  fuperfluous  to  pafs  Aatute» 
confirmatory  of  a  right  already  inherent  in  the 
crown  :  if  it  was  not  by  cudom  or  common  law  an 
appendage  of  regal  prerogative,  then  it  was  created 
by,  and  expired  with  the  (latutrs.  . 

Let  us  here  paufe,  and  paufmg  let  us  refle£^  on  the 
errors  and  inconfiftencies  which  bewilder  the  mind, 
and  miflead  the  underdanding  of  man,  when  once 
he  departs  from  the  plain  road  of  common  fenfe, 
and  (huts  his  eyes  to  the  lights  of  truth  and  natural 
reafon.  -      '        *  • 

We  have  now  in  a  curfory  manner,  examined 
whether  this  right,  contended  for  by  Great  Britain, 
of  imprefllng  perfons  on  the  high  feas,  from  neutral 
veflels,  be  warranted  by  the  law  of  nations ;  that  is,  by 
thofe  principles  of  natural  law  and  reafon,  which  arc 
relative  to  the  condu^  of  nations;  fuch  as  arc  ap- 
proved by  the  mod  eminent  civilians,  and  practifed 
by  ftates  the  mod  enlightened  and  refined.  We 
have  referred  to  her  treaty  with  our  own  and  foreign 


*  1 6  Chwiss  I.  ch.  XXIII.  XXVI.] 
a  and  3  Aon,  ch.  6,  fee.  i(. 
3  and  4    do.  ch.  XI. 


«■  r^f 


'■'  -■■  .1  , 


4    do.  ch.  X. 

i| '    5     do.  ch.  XV. 
6  do.  ch.  X, 


'  "1 


ir. 


.(  36  ) 


•govern  men  til,  an(t  can,  no  where  difcotrcr,  eyen  the 
ik.i<\ow  of  a  re afnn  fupporiing  her  claim :  indeed, 
Mke  a  point  in  marhematicks,  it  hat  neither  length, 
brfadth,  t^or  thicknciR  \  and  may,  not  unaptly  br  com- 
p.ircd  to  rhe  imaginary  horiron,  formed  by  the  de* 
lufion  of  the  eye,  which  cxiAt  but  in  faiicy,  and  diet 
as  it  IS  purfued. 

But  even  were  Great  Britain  entiticd  to  the 
fcrvicei  of  her  natural  born  fubjeCis,  who  have 
withdrawn  (hemfelves  from  her  jurifdi£lion,flnd  re- 
nounced any  pre-exi(ting  allegiance  to  her,  (which 
file  ia  not,  as  we  have  (hewn,  and  on  the  beft  ground*) 
yci  her  claim  become*  peculiarly  inadmiHiblc,  when 
>vc  examine  the  mode  in  which  it  ii  enforced,  and 
view  it  in  it&  confequences  and  effefts.  Sli«  pro- 
fefll'ft  to  chim  only  fuch  perfons  as  were  born  in  the 
DritiOi  dominions,  and  yet  indifcriminately  feizes  oi| 
board  our  vefTcla,  American  as  well  as  £ngli(h  fea-^ 
men.  And  as  tlie  number  of  the  latter  employed  inour 
navigation  bears  but  a  very  fmali  proportion  indeed 
to  the  former,  fhe  imprefTes  at  tid  fifteen  Americana 
for  one  Englifbman.  To  proVw  this  we  aflert,  on  the 
authority  of  a  report  of  our  fecretary  of  ftate  to 
congrefs,  that  during  the  late  war  *«  two  thoufand  fif- 
ty-ninc  fcamcn  had  been  impreflcd  by  Great  liritain, 
from  American  veflels.  Of  which  number  o//^  hun- 
ilrcci  and  two  fcamen  otily  were  proved  to  be  Britifli 
fubjed\s,  which  is  Icf-i  than  one  twentieth  of  the 
number  impreflcd.  Eleven  hundred  and  forty-two 
were  ordered  to  be  difcharged  as  not  being  Britilh 


(37  ) 


ftibjcfls,  which  it  more  than  one  half  of  the  whole 
number,  leaving  eight  hundred  and  five  for  further 
proof,  with  the  dronKcil  prefumption  that  the  great- 
er part,  if  not  the  whole,  were  Americans,  or  other 
aliens,  whofe  proof  of  citizen(hip  had  been  toil  or 
dctlrnycd,  or  whofe  fituation  would  account  for  the 
dilHcuiliet  and  delays  in  producing  it.  So  that  it  is 
certain,  that  for  all  the  Uritilh  feamcn  gained  by  thia 
violent  proceeding,  more  than  an  equal  number  were 
the  victims  \  it  is  highly  probable,  that  for  everj^ 
BritiQ)  Teaman  fo  gained,  a  number  of  others,  not 
lefs  than  ten  for  one,  mud  have  been  the  vidims  ; 
and  it  is  even  polTible  that  this  number  may  have 
exceeded  the  proportion  of  twenty  to  one."* 

We  cannot  more  forcibly  (hew  the  injuiltce  of 
this  pradlice,  Cp  long  continued  hy  Great  Britain,  or 
more  feelingly  portray  the  hardihips  and  miferies 
produced  by  it,  than  by  quoting  the  words  of  our 
Secretary  of  (late,  from  the  letter  before  referred  to. 
And  we  are  happy  in  being  able  to  fubditute  the 
ideas  of  fo  enlightened  a  mind  on  this  importiint 
fubje^,  in  the  place  of  any  which  might  occur  to  our 
own. 

*<  Taking  reafon  and  judice,  fays  Mr.  Madifon, 
for  the  tcfts  of  this  pra^ice  (of  imprefling  feamen 
from  American  veflels)  it  is  peculiarly  indefenfible  ; 
becaufe  it  deprives  the  dearefl  rights  of  perfons  of  a 
regular  trial,  to  which  the  moil  inconfiderable  article 

*  Sec  '•  Extrai^  of  a  letter  from  the  fccrctarjr  of  Hate,  to 
JamcB  Monro*,  Elii.  dated  5th  January,  1804.        ,  »p 


•I 


't 


(38) 


of  property,  captuicd  on  the  high  fcas,  :^  entitled  j 
and  leaves  thrlr  dediny  to  the  will  of  an  officer,  fome- 
times  cruel,  'ten  ignorant,  and  generally  interef^ed 
by  his  want  of  mariners,  in  his  own  decifions^ 
Whenever  property  found  m  a  neutral  veflel  h  fup- 
|>ofed  to  be  liable  on  any  grounds  to  capture  and 
condemnation,  the  r*  ie  in  all  cafee  is,  that  the  quef- 
tion  (hall  not  be  decided  by  th !  captor,  but  bs  car- 
ried before  a  l^^al  tribunal,  where  a  regular  trial 
may  be  had,  and  where  the  captor  himfelf  is  liable 
to  damages  for  an  abufe  of  his  power.  Can  it  be 
reafonable  then,  or  juil,  that  a  belligerent  command- 
er who  'z  thus  rellridted,  and  thus  refponfible,  in.  a 
caufe  of  mere  prope  ty  of  trivial  amount  (hould  bo 
permitted,  without  recurring  to  any  tribunal  what- 
ever, to  examine  the  crew  of  a  neutral  veflel,  to  de* 
cidc  the  important  queftion  of  their  refpectivc  alle- 
giance, and  to  carry  that  important  decifion  into 
inftant  execution,  by  forcing  every  individual  he  may 
chufe  into  a  fervlce  abhorrent  to  his  feelii:<ys,  tut- 
ting him  off  from  his  mofl:  tender  connexions,  ex- 
poiing  his  mind  and  his  perfon  to  the  mod  humiliat- 
ing difcipline,  and  his  life  itfelf  to  the  greateft  dang- 
er ?  Reafon,  jufttce  and  humanity  unite  inproteding 
againd  fo  extravagant  a  proceeding."        «  ^'    v 

It  has  been  dated  in  congrefs,  and  is  ^  hf):  which 
cannot  be  denied,  that  in  the  (hort  fpace  ov  two  years 
(fince  the  commencement  of  the  prefent  war  Great 
Brttain  has  imprcded  siirec  thoufand  of  our  ieamen, 
whom,  at  this  moment,  die  detains  in  captivicy.  The 


(  39) 


annexed  lift  of  imprcflmcnts,  procured  from  the  of-* 
fice  of  the  fecretary  of  ftate,  is  a  fufficient  proof  of  the 
truth  of  this  ftaitmtnt.  This  lift  forms  a  record  of 
outrage  and  injuftice,  unexampled  in  the  hiftory  of 
modern  times.  It  is  a  melancholy  proof,  (if  proof 
were  required  of  a  fa£l  fo  univerfally  known)  that 
cur  country  has  received  the  grofleft  infults  and  tha 
moft  vital  injuries  j  infults  and  injuries  which  loudly 
call  upon  the  government  for  redrefs,  and  which  it 
is  bound  to  redrefs,  whatever  dangers  Ci  difticultiet 
it  may  be  necclTary  to  encounter,  in  order  to  obtain 
reparation.  Notwithftanding  the  repeated  .emon« 
ftances  of  our  government  to  Great  Britain,  on  this 
fubjed,  (lie  ftUl  perfifts  in  this  fyftem  of  maritime 
kidnapping,  with  unremittiiig  ffverity..  Every  day 
is  ufhered  and  clofed  with  fome  new  inftance  of 
c^preflion.  Not  a  veflel  arrives  ii.  any  port  of  the 
continent  which  does  not  reiterate  the  comp'aints  of 
our  gallant  counirymen.  It  has  been  eloquently  ob- 
ferved  by  a  member  of  the  general  government,  that 
•*  the  groans  of  our  imprcfled  fellow  citizens  mingle 
Nvith  the  murmurs  of  every  gale  from  the  ocean."* 

*  Mr.  Elliot.  This  gentleman  and  i  few  others,  particularly 
Mr.  Crowninfhield,  Mr.  Clay,  Mr.  jNichoIfon,  Mr.  Hrcgg,  and 
Mr.  Sloan,  merit  the  thanks  ar  '  gratitude  of  American  feamen, 
for  ti;"  lively  intereft  they  have  taken  in  their  caufe,  and  the  refo* 
latioBS  they  have  brought  forward  to  effe^uate  a  fpecdy  redrefs 
of  Uieir  fufferings.  We  are  forry  to  fin;!,  that  a  leading  naem« 
ber  from  an  important  ftate  in  the  Union,  who  could  fo  feelingly 
fymp»thife  in  the  fijflVrings  of  a  ronviffed  traltori^  har.  notemi- 

+  Fries.       "  "-' 


(^0) 


There  is  not  a  fatior  on  board  an  American  vcffdg 
whether  lying  in  a  port  acceflibic  to  Britifh  (hips,  of 
trav«rfing  the  ocean,  who  is  not  in  perpetual  dangef 
of  (haring  the  fate  of  his  unfor*:unate  countrymen* 
Whether  he  is  a  father,  a  hufband,  a  brother  or  a 
child,  on  whom  perhaps  an  helplefs  family  depends 
for  fubfiftence,  he  cannot  be  furc  that  he  will  cf- 
cape  in  this  general  fcene  of  oppreflion  and  injuftice. 
Surely  then  it  is  time  to  take  eiBcicnt  meafures  ta 
flop  the  further  progrefs  of  this  wide  fpreading  ca- 
lamity, and  to  vindicate  the  violated  rights  of  our 
country.  We  have  already  drunk  a  copions  draught 
of  national  degradation,  and  have  purchafed  by  our 
apathy  the  privilege  of  repentance.  Let  us  now,  at 
lead,  though  kte,  remember  that  while  we  render 
juftice  to  other  nations,  we  (hould  not  forget  to  do 
jufticc  te  ourfelves:  and  that  when  our  rights  afc 
invaded,  we  (hould  aft  with  promptnefs,  energy  and 
decifion.  To  fuffer  the  prefent  fc(fion  of  Congrefg 
to  clofc  without  adopting  efficient  meafures  to  pro- 
cure the  immediate  liberation  of  our  impreifed  Tea- 
men, would  be  juftly  confidered  a  tacit  acquiefcencc 
under  the  prefent  fyftem  of  Britiih  onprc(rion.  Our 
government  might  as  well,  at  once,  declare  in  the 
language  of  treachery,  but  of  truth,  that  they  with- 
drew all  protedion  from  a  numerous  body  of  the 

ployed  the  *"•-  "ible  talents  he  pofleflcs  in  the  caufe  of  our  injured 
feamen.  We  reccfnnend  to  this  gentleman's  frequent  perufa! 
the  line  of  the  poet :  **  Homo  fiim^  frimani  nihil  a  me  alienur': 
Puts:' 


. 


(41  ) 


C 
It 
le 
i- 
ic 

•A 

fal 


eommunity,  the  American  fcamen,  and  tell  them, 
that  **  although  you  have  an  indifputabic  claim  upon 
us  to  vindicate  your  rights,  and  although  the  nat  on 
has  derived  incalculable  advantages  from  your  exer- 
tions, and  has  hitherto  flouri(hcd  by  your  enterprife, 
yrt  we  feei  no  folicitudii  for  your  p'rforial  interells ; 
and  prefer  to  facrifice  your  freedom,  and  compro- 
mit  the  dignity  of  our  national  chara(tter,  to  the 
-danger  of  incurring  the  frovirns  of  the  minions  of  St. 
James*. 

Oh  !  may  fuch  fentiments  never  be  harboured,  aa 
they  dare  not  be  expreiTea  oy  the  rulers  of  a  free 
and  enlightened  people,  ,.f  ^t    , 

We  cannot,  however,  believe,  that  there  Is  a 
member  of  our  national  councils  who  does  not  reci- 
procate our  fentiments  on  this  diflrefTing  and  humi- 
liating fubjeft.  If,  however,  there  be  one  among 
that  body,  whofe  bofom  does  not  heave,  and  whofe 
hea'^t  does  not  bleed,  at  the  recital  of  the  fufFerinirs 
of  his  imprefled  fellow  citizens,  let  him,  we  befeech 
h\vn,  for  a  moment  fuppofe,  that  he  hears  the  heart- 
f  It  (hrieks  of  the  mlferable  wife  piercing  his  ears, 
and  entreating  him  in  accents  of  rage  and  defpair,  to 
reftore  to  her  her  Imprefled  hufband,  the  father  of  her 
children,  and  her  oiily  fupport.  Let  him  view,  In  lm> 
agination,  the  aged  and  helplefs  parent,  In  accents  of 
finking  woe,  mlfery  and  didrefs,  bewailing  the  lofs 
of  a  dutiful  and  beloved  fon ;  and  if  he  is  not  filled 


(42) 


with  horror  and   indignation  at  the  various  ills  and 
miferies  inflidcd  and  inflifting,  contrary  to  every 
principle  of  law,  juftice,  and  humanity,  on  our  im- 
prcfled  fellow  citiiens,  then  has  he  the  heart  of  a 
tygcr,  and  the  fpirit  of  a  fycophant. 

But  we  will  not,  we  cannot,  for  the  honour  of  our 
country  believe,  that  our  government  will  contem- 
plate u*^  moved  the  fufferings  of  a  brave  and  deferv- 
ing  body  of  me.  ,  hat  they  will  fuffer  them  any 
longer  to  languilh  <  captivity.  We  trud  that  the 
national  fpirit  is  not  dead  but  Jleepethf  and  hope  that 
before  the  clofe  of  the  prefent  feflion  it  will  wake 
from  its  flumber.  It  has  indeed  motives  which  might 
fervc  <*  to  warm  an  ague's  froft,"  to  roufe  it  to 
refi  (lance. 

It  is  not  our  dedre  to  inflame  the  paflions  of  our 
fellow  citizens ;  but  we  would  imprefs  them  with 
a  fcnfe  of  their  national  interefls  and  honour.  Wc 
entertain  no  narrow  prejudices  againft  Great  Britain 
as  a  nation  ;  but  wc  feel  an  honed  indignation  at  tht 
infults  (he  has  offered  to,  and  the  injuries  (he  has  in- 
fli£ted  on  our  country  ;  as  the  friends  of  civilization 
and  literature  wc  muft  wlfh  her  every  legitimate 
fuccefs.  She  has  been  for  many  ages  the  great  ma- 
gazine of  arts,  the  favourite  abode  of  fcience,  and 
the  prolific  parent  of  exalted  genius  ;  and  it  gives  us 
pain  to  refleft,  that  by  her  maritime  depredations, 
(he  has  tarnifhed  hei  glory  and  fullied  her  renown. 
We  (hould  be  forry  to  fee  her  conquered,  but  we 
would  wifl\  to  fee  her  reftrained  •,  wc  confider  her  a 


. 


(43) 


nccc/Hiry  barrier  to  the  unbounded  ambition  of  her 
f  intiguous  rival,  and  finccrciy  hope  that  fhe  will 
terminate  hercontcft  with  him,  with  honor  toherfelf 
and  advantage  to  Europe :  but  if,  however,  the  pe- 
riod of  herdiflblution  is  at  hand,  which  we  devoutly 
deprecate,  let  her  not,  like  a  falling  tower,  involve 
others  in  her  ruin. 

Having  now,  though  but  imperfe<flly,  difcharged  a 
duty  which  wt  alTumed  on  ourfelves  from  the  mod 
didnterefled  motives,  and  to  which  we  were  prompt- 
ed by  the  critical  fituation  of  our  country,  we  have 
only  to  obteft  the  government  to  vindicate,  by  fpeedy, 
temperate,  but  firm  meafures,  the  outraged  dignity 
of  the  nation.  To  ftiew  to  the  world  that  if  we  have 
long  fufFered  wrongs  we  are  now  determined  to  repel 
them ;  and  that  if  we  have  hitherto  been  folicitous 
for  peace,  it  is  not  becaufe  we  are  weak  or  timid, 
but  becaufe  we  are  adluated  by  moderation  and 
humanity. 

Should,  however,  the  numberlefs  inftances  of  na- 
tional indignity  and  individual  oppreflion  to  which  we 
have  fo  long  fubmitted,  neither  diflipate  the  apathy, 
nor  command  the  interpofition  of  the  government, 
in  vain  do  we  boaft  of  the  fuperiority  of  our  confti- 
tution  over  thofe  of  other  nations;  a  conftitution 
which  has  hitherto  been  an  objedl  of  envy  and 
admiration  to  the  civilized  world  :  and  the  lover  of 
his  country  will  fee  with  regret  this  beautiful  fabrick, 
raifed  with  fo  much  care,  and  cemented  by  fo  much 


i 


■■ 

I 


(  44) 


patriot  blood,  afford  another  melancholly  proof  of 
the  inHabiliry  of  human  inditutions  :  its  foundations 
will  be  fhaken  and  its  beauty  tarniHied,  and  it  would 
not  be  a  falfc  thouy;h  dillrefling  anticipation  to  pro- 
nounce, that  the  period  is  not  far  dillant  when  it  will 
ceafp  to  command  the  fupportor  folicitudc  of  freemen. 
The  writtr  of  thefe  remarks  ardently  prays,  that 
fuch  painful  anticipations  may  never  be  fulfilled  ;  and 
in  veneration  of  our  noble  conflitution,  finccrcly 
exclaims  in  the  dying  words  of  Father  Paul  to  his 
country,  efio  ^er^dua,  ;    . 


<i 


■>■  ■  ' 


M 


A  STATEMENT 

Of  applicationi  made  to  the  British  Government)  In  cases  of 
Impressments,  from  the  ist  September,  1804,  to  nth  Mayi 
1805 1  by  George  W.  £rwing>  esquire. 


Thomas  Moodf 

John  Cotrill 

John  Ma^uire 

James  White 

John  Gilmorc 

Benjamin  Chaloner 

Robert  Oakes 

John  Harcum 

Henry  Stone  ' 

Charles  Kinjf 

Peter  Thomfon 

Edward  Steward 

Jonathan  Archer 

George  Warberton 

John  Tucker 

John  M'Kaig 

John  Ilfley 

James  Millon 

Thomas  Irwin 

"William  Innis 

Daniel  Brown 

John  or  Thomas  Howes 

Daniel  Rofs 

Thomas  Morris 

Gsorge  Home 

George  Watfon 

John  Lean  or  John  Lion 

Henry  Knight 

Wm.  Ackley  or  Afliley 

Thomas  Freeman 

Hiram  Candy  or  Kennedy 


Jofcph  Duke  Gobble 
Robert  Cro(bie 
William  Nugent 
Dower  Carfon 
Philip  Lyman 
Abm.  Hanaird 
John  Johnfon 
John  White 
Robert  Corbin  » 
John  Norris 
John  Morris 
George  Gibfon 
William  Buck 
Thomas  White 
Jofeph  Mailers 
Thomas  Forbes 
Peter  For  re  ft  , 

William  Hunter        .  ,, 
William  Finlay 
John  Thompfon 
Peter  M'Caw 
George  Withurn 
Jos.  Thompfon 
Daniel  Newburry 
Jofli.  Brown 

Andrew  Mansfield  ^' 

William  Aiken 
Thomas  Challis 
Geo.  Hilbert  or  Starbert 
William  Remmick,   alias 
Gyer  ■    ;..  :.-' 


I 


■i' 


i 


(46) 


// 


John  Johnfon 

Jam  s  WiKh 

JoiMthaii  Emerf 

John  T..ylor 

Gco^^e  Kamat  or  Kcnnat 

Jof  ph  Wildman 

Benjamin  Pafs  ^ 

Jam  s  Manning 

James  Cothc  or  Cotrcl 

James  baker 

Francis  Lemott 

Andrew  Anderfon 

Henry  Parker 

Andrew  Tucker 

Thus.  Harvey  or  Harney 

Andrew  Kuhn 

John  Johnfon        ^      -  « 

George  Walker 

Francis  M.  Migoer,  or 

Miligan 
Jofeph  Godfrey,  or  Qod- 

fey  •        r-     • 

Peter  Robinfon 
Ebcnezer  Compton        ^ 
Jam  s  Edmonds 
John  Smith 
Martin  Colford 
John,  alias  James  Brown 
John  Johnfon 
John  Barry 
Thom  IS  Harvey 
Juhn  Williams 
Jokph  Thomfon 
Daniel  Johnfon 
John  Piyniouth 
John  Stewart 
Jolcph  WiUs    -       ' 


l'7 


John  Jackfon 
John  b.  Swift 
Jettro  Fowler 
Ef  lu  Dominick 
Samuel  M*Crea 
James  Geflbn  * 

Jonathan  Cook 
James  Rtid  .   i  ,  • 

Liff  Young 
Gerard  Harfins 
Thomas  Aikin  « 

George  Wabby 
Richard  Hiett 
Andrew  Hyer 
John  Edwards   . 
Jofeph  Melena 
Samuel  B.  Spencer 
James  Conolly 
John  Rendels      ^     " 
John  Bradley       ' 
Peter  Dolman 
John  or  Thos.  M'Donald 
Reuben  Befl'ell 
John  Haniford 
James  Brown     '    *• 
Thomas  Earle 
William  Davis    ' 
Peter  Newlan 
Richard  Dawfon 
Blake  Peircy 
Thomas  Jackfon 
Peter  Colfin 
John  Johnfon  or  Jones 
William  Barnes 
Thomas  ShefBdd 
Richard  Reed  , 

James  Harris 


(^7) 


*••    •.»•*«.. 


John  Johnfon  *"" 

Daniel  S.  Martin 
George  Woods 
Wm.  alins  rhos.  Barnes 
"William  Jones 
Danivrl  Merideih 
Ebenezer  Pinkham 
Samuel  Matton 
John  Grant  '  ' 

William  Brown 
William  Bulby 
Daniel  Dixon 
Martin  Hellct 
Jonathan  or  John  Hackett 
John  Owens 
James  M<CIackland 
John  Miller 
Thomas  Pennock 
Edward  Pipping       . 
Jofeph  Peirfon 
John  Smith 
John  Robinfon 
Peter  Harris 
James  Fcatherftonc 
William  Sculla 
William  Mines 
Charles  Robinfon 
William  James 
Henry  Weeks 
Francis  Thompfon 
John  Hathaway 
John  Downey 
Philip  Ford,  alias  Caroline 
John  Brack,  alias  Brock 
William  Godfrey 
Jofeph  Williams 
William  Wilfon 


Jacob  Abbin       '  ,  ' 

Robert  Fielding 
Jofrph  Stack 
Jofeph  Coles 
Eliphat  Ruflrl 
William  Shanks       •'  ' 
Richard  Wilfon 
William  Bray 
John  M'Avoy 
George  Watfon 
"William  Greene 
Edward  Spencer 
Dennis  or  Daniel  Carney 
James  White 
Peter  Lauries  or  Lewis 
Samuel  Mitchell 
Samuel  Bailey 
Thos.  Knight  or  Wright 
John  Edwards 
James  Long 
Richard  Shays 
Benedia  A.  Butler 
Thomas  Brown  • 

James  Thomas 
William  Simpfon 
William  Johnfon 
Thomas  Parfons  .    * 

Jofeph  Trowbridge 
William  Taylor 
Peter  Wilfon 
Andrew  Scott        ''    ' 
William  Johns   or  Wil« 

muth  Johnfon 
Benjamin  Mofley 
Manuel  Depra 
John  Biercroft  ^ 

Chridopher  Docou 


(  48  ) 


John  King         •  v  • 
Gcorjjc  Wooil 
(icorge  Slater 
Daniel  Hcarn 
"William  Bulkell 
John  Clements 
Benjamin  Hunt   ' 
William  Wilfon 
John  Dunn 
Alexander  Black  ' 
ITrquhar  Fogcny 
John  Hyde  '. 

William  Harvey  . 
William  Moultry 
John  King 
John  M'Gce 
Charles  Lymburg 
James  Robinfon 
Thomas  Southeck 
Elias  Wood 
Samuel  Lockwood 
John  Norberry 
Abraham  Hodfon 
Alexander  Payne 
Rowd.  Peirce 
Barns.  Norris 
Jufeph  L.  Wilfon       ■ 
Thomas  Wright 
Ruft  Backer  *.  , 

William  Smith 
Charles  Pettingel 
John  Thomfon 
George  Mars 
Thomas  S.  Pollock 
Thomas  Woods 
George  Buntick 
Jofeph  Mucklewaine 


George  Robinfon 
Charles  Bufhncll 
John  Pumus 
John  Greene 
Nicholas  Boyldon  ,, . 
Thomas  Jackfon 
John  Haysi  alias  John 

Williams 
Robert  Hudging 
Frederick  Jones 
John  Davis 
William  Watts  , 

Philip  Keg 

John  Finley  ,.  / 

Robert  Cook      •. ,  i  > 
William  Kegs 
William  Cozzent  r, 
Henry  Jackfon 
Charles  T.  Gould  ■  ^  ^  . 
William  Hughes 
Martin  Hyncs 
James  Drilkell  ,  r 

Lindfey  Heady 
George  Farrington 
Henry  Jackfon 
Chas.  Bowen  or  Brown 
Benjamin  Hatch         .  ,, 
Thomas  R.  Green 
John  G.  Olin  , 

Seth  Barton 
John  Smith 
George  Fabb 
Enoch  Roberts 
Jofhua  Small 
Jofeph  Lewis 
Thomas  Williams 
William  Thompfon 


(49) 


Georf^c  A.  Avery 
Robert  Elliott 
J«  romc  Napivet 
Matthew  Blown 
Reuben  M'Kinfcy 
MaftVc  Day 
Simon  Day 
Peter  Uakcr,  alias  Peter 

Scott 
G*or>jc  Smith 
Chriftr.   nilinghaft 
William  Loofely 
Abram  Williams 
Edward  Moodic 
Michael  Gill 
Samuel  Fufts 
Ephralm  M'lntlrc 
John   L'homas 
Jamc<  Carfon 
Robert  Dow,  jun. 
Cuthbert  Gill 
Samuel  Hodges 
John  Trudy 
John  Williams 
George  Collins 
Dennis  WelOi 
Benjamin  Roundy 
Auguilus  Lafarch 
John  Baker 
Clement  Codin 
James  Neale 
Daniel  Greene 
James  Kelly 
Jefle  or  John  Gray  or 

Graylefs 
Robert  Coulfon 


Thomas  Fowlcy 

James  Gardner   .       . 

Daniel   I'cnl  • 

George  Williams 

John  Joy 

JUnjamin  Linfey 

William  Clark 

Jofcph  Price 

John  Chillis 

John  M.'.yor 

Henry  Nilea 

Henry  Stone 

Jesse  Emmons 

Ebenezcr  Carter 

William  Hall 

Major  Smith 

Peter  Harvey. 

Abram  Lott 

Briftow  Jackfon  or  John- 

fon 
Benjamin  Rogers 
William  Townfcnd 
Robert  Craig 
Jacob  Blake  ^ 

John  Donaldfoii 
Jofcph  Thompfon 
Charles  Lewis 
Levi  Hall 

Jofcph  or  Thos.  JiunkU^u 
Middleton  Hartley 
James  Pitcher 
Caleb  Smith 
John  Jackfon 
John  Reiley     ;  '. 
Ebenezcr  Turner 
William  Simpfon 

G 


/« 


I 


.  i» 


(  50  ) 


Charles  Lowe,  alias  Love 
James  Cox 
William  Smith 
Charles  Lobban 
Thomas  Foreman 
George  Weaver    , 
John  Elliott 
l).»viil  Watts 
William  H.\rd 
John  S.  Murray 
John   Trainer 
Robert  Hanentine 
Jofeph  Namer 
Alexander  Adams 


Robert  M'Curdf 
Wm.  Spencer  or  Spcncf 
John  Arenberg 
James  Smtthar 
Eleazcr  I).  Hrajr 
John  Smith 
Alexander  Wadd? 
B.  S.  Caldwell 
Thomas  Gaudin 
Samuel  Cooper     » 
Gilbert 

Abraham  Morgan 
Tcter  Smith 


'  * 


STATEMENT 

Of  applications  made  to  thr  British  Government,  in  cases  of 
Impressments  from  the  i8th  May  to  the  a6th  September, 
1805,  by  William  Lymani  esquire. 


John  Whitehead 
Thomas  Frazcr 
Daniel  M'Millan 
William  Brvant 
William  M^CoUiftcr 
Thomas  Lane     » 
John  Baincs 
David  C  iffin 
John  Rofe  or  Rofs 
Jofeph  Frazcr 
David  Newark 
John  Richie 
William  French 
John  Lock 


William  Pitt  Oliver 
John  Weft 
Samuel  Shephard 
Samuel  Larcbec 
Martin  Pain 
James  Kinfley 
James  Fowler, 
John  Smith 
John  Davis 
John  Dixion 
John  Wcbfter 
Daniel  Robertfon 
Wi'liam  White 
Wil  iam  Duay 


(  51  ) 


^hn  TIederick 
Jofcph  KowUn 
John  Rhoaiiii 
Martin  Wolf 
ThomAS  Griffiths 
Caleb  Starkens 
J;ime8  Smith 
William  Gibbi 
Jamcg  Murray      ' 
Jofcph  Rriil 
Samuel  Uutikcr 
James  Minziet      ■ 
Abfalom  Simkins 
Danirl  Paine 
Matthew  Dawfoti 
Jonathan  Meilhy 
Danirl  Williams 
James  Dingey 
Thomas  Goodwin 
Cato  Decada 
John  Connor 
Jamts  Burnes 
Alexander  Downey 
John  Murray 
John  Scheib 
John  S.  Colburn 
Jcra.  Williams 
Enoch  Newcomb 
William  Clough 
Philip  Conroy 
Edward  Billingfman 
Daniel  Patterfon 
James  Smith      , 
John  Davis 
Thomas  Congdon 
Daniel  French 
Peter  Sergeant 


'Benjamin  Davidfoit 
William  Rhodes 
Charles  Kennedy 
Henry  Manchelier 
James  Butler 
John  Hunt  i 

•  John  Cook  , 
William  Ricraft 
John  Dennis 
Chridopher  Beckman 
Thomas  Ofburn 
William  Breton  ? 

William  Stockdalc 
William  Atlen 
William  P.irrolt 
William  Weathcrland 
John  Handle^ 
Robert  Rogers 
Edward  Barry 
John  Vincent 
Thomas  Smith    * 
John  Smith 
Thomas  Mooney 
John  Borney 
James  Guy 
John  Luckcr 
Lemuel  Beale 
Robert  Morris 
George  Wood 
John  Rolla 
Thomas  Walds 
Gilbert  Lowen 
Thomas  Sanxton 
Thomas  — — 
John  Thomas  Wefl: 
Jeflc  Boyd 
John  Brown 


(52) 


William  Witham 
John  Hatton 
•^ichanl  l^iflc 
'.Villiam  Watts 
riioinas  Bowyer 
^ulVph  Burner 
John  Scott 
'ames  Banister 
'ohn  Multlirop 
j'ohn  Gordon 
John  Drifcoil 
vi.iniuel  L.  iSherrnan 
John  Brown 


Anthony  Huiflcr  ,    '  • 
William  Eaton       > 
Richard  P.  Tongue 
Wm  Sharr,  alias  ShaW 
^'lichacl  Hewitt 
Rober«^  Money 
William  Summeri 
Jonathan  Curtis 
Adam  Brown  '  ' 
Thomas  Boyd   •  - 
Robc.-r  Warnock 
Wm.  Burnham,  jun. 


'   .  STATEMENT 

of  applications  In  cases  of  Imprcssnjent,  made  immediately  to 
the  Department  of  State,  and  not  before  reported  to  the 
House  of  Representatives,  or  included  in  Mr.  £rviDg'i'.  or 
^r.  Lyman's  returns  to  this  o.Tice.'    .     ,- 


lohn  Atkinfon 
T>»lartin  Akens 
hylvanus  Alford 
ili,nry  Killburn 
illijah  Armftrong 
Attcn  John  ' 
];i tries  Allen  *,   * 
Vv^m.  Aiibii- 
iJennet  Alhford 
x\ntonio  J.  Rogers 
jamer  Allei.«. 
lit!.  Lowry     '  "y 
Thomas  AHen      » 
J^s.  Davidicn 


George  Weir 
Samuel  Bifliop 
James  Thambcrs 
John  Croit     ' 
John  Beatty 
l)aniel  Campbell 
John  M'Conhagy 
Andrew  Anderfoii 
Thomas  Froil 
Thomas  Randal 
John  Patterfoa 
Wm.  Baylc 
John  Outerfidie 
Robert  BlawaM 


(  53) 


Jcnldn  Killan 
John  Parterfon 
Johii  Woolriiigc 
Wm.  Brown 
John  BufHngton 
Geo.  Burns 
James  Barber 
Jofii.  Baker    ^ 
Enoch  Clark  ' 
Jofh.  Bartlett 
John  Blackburn 
John  Anderfon 
Wm.  Ryfell 
John  Bloomfcr 
Geo.  Bradfliaw 
James  Biown 
Thomas  Born 
Samuel  Breede 
Joll  Butler 
John  Bifliop 
Nathan  P.  Brook 
Abram  Myeis 
Jo.. 11  Burk 
"William  Brown 
David  Baxter 
David  burk 
John  Bolt 
James  Brown 
"Wiliiam  Newton 
John  Courtney 
Francis  Coffin^  jiin-. 
Hi nry  Cobb    ^ 
Thomas  Clark 
Tofeph  Clancy" 
Thomas  Cox 
Jj'iurence  Clark    ^   ■. 
John  Clark 


iSamuel  Bunker 
Amos  Thop 
Jacob  Beird 
Henry  Beauman     ,' 
Ihomas  Butler         ' 
•  George  Bryant  i 

John  B.  Brown 
Malcolm  Bruce 
John  Bowman 
Laurence  Brown    -  * 
John  Blume  -i 

John  Evans  * 

Jofeph  L.  Worthy 
Thomas  Knapp 
David  Brown 
Robert  Brown         ; 
Noah  Becks 
WJIiiam  Gray 
JoferS  Beal 
John  Bar 
Charlts  Brown 
John  B'-own 
AndreM'  Clow 
"William  Calvert      ^ 
Hugh  Harris 
Robert  Williams     ;  . 
John  Harman 
Jere.  Culver 
Robert  Carther 
John  Clark        '       ^ 
Thomas  Cook      .  ;  ■ 
George  Wilfon 
Caleb  Carr    , 
Peter  Coyle 
John  Coleman 
James  Cullimore       c- 
Robert  Thomfon     , 


M  "  «' 


*)i 


''-*■ 


ft 


(  54) 


Henry  Chrift 

William  Cox 
Patrick  Cunningham 

Crorcfton 

John  Campbell , 
Thomas  Doyle 
Ed.  Ryly 
John  Dixon 
John  Davis 
Michael  Davis  ' 

John  Dixfon 
Peter  Dcvering 
James  Macray 
John  Douglas 
Jofiah  Doane 
John  Englifli 
William  Shcpperd 
Michael  Davis 
John  Frazer 
John  Francis 
George  FIther 
Flenny  John 
Ed.  Girrt-lls  Griggs 
James  Garven 
John  Neal 
Walter  Holliday 
John  Holmes 
Henry  Hall 
John  Howard 
William  Hopkins 
Samuel  He     'S 
William  Ha.         ' 
Thomas  Holland 
Jofh.  Hunt      ' ' 
Thomas  Hutton 
George  Hutton 
James  Hart 


Daniel  Carmichacl 
John  Crawford 
James  Dcane  ' 
Ifaac  Day       .;"      " 
Ifaac  Dick 
James  Davis 
Henry  Wood 
Thomas  Dcnncy 
John  Chamberlain 
John  Thompfon 
John  Eaton 
John  Edwards 
John  Erving 
Jofeph  Ellingwood 
John  Edwards 
Amos  Follanfbee 
Barnet  Foland 
George  Frazer 
Richard  Thomas 
John  Manuel 
Martin  George     , 
J^^mes  Giles 
Caleb  Haftings 
D.  M.  Hogan 
John  H.^rlam 
Patrick  Hollohan 
Hysr  Godfrey 
Patrick  Hogarty 
Samuel  D.  Hayle 
Jacob  Heller 
Edward  Killum 
Frederick  Kline     ' 
James  Kennard 
James  Kennedy     i 
D-  H.  Ketcham 
George  Manning 
Leonard  Johnfoxi 


(55) 


James  Love 
Nathaniel  York 
Jacob  Connel 
John  Shaw 
George  Atkinfon 
£d.  Simpfon 
Nathaniel  Moore 
£li(ha  Markam        i 
James  MatthcNVR 
James  Mafh 
Ed.  Mooncy 
Philip  Miligan 
Richard  Y.  Moore 
George  Manning 
William  Mount 
Elilha  Morris 
Peter  Douglas 
Henry  Matthews 
William  Morro 
Nathaniel  Moflier 
John  M'Donald 
Andrew  M*Donald 
John  M'Evoy 
William  Moore 
Matthew  Barton 
William  Mafon 
John  Webdcr, 
Henry  Mayo 
George  Sterving 
Jos.  Cornelius 
Benjamin  Moales 
John  Martin 
William  Clark 
William  Orr 
Peter  Lawlefs 
William  M«CIure 
Peter  Andcrfoa 


James  Jones 

James  Johnfon 

Abe!  Sifcol 

William  Jones  . 

James  Johnfon 

Samuel  Johnfon  '  ,♦ 

Richard  Johnfon 

Leonard  Johnfon 

George  Atkins 

John  Dixon    . 

John  Smith 

William  Warner 

Azor,  an  indented  f^^rvant 

Tn.  C.  Davis 

John  Weflerby    • 

John  Shekon 

Samuel  Ingle 

John  Johnfon 

San.  ael  Jackfon 

Thomas  Jones 

Oliver  Blackwith 

John  Taylo 

Thomas  Ja^.. f^n 

John  Jackfon 

Gridley  Lewis 

Daniel  Landerkin,  jun. 

William  Leeman 

William  Liddle 

G.  H.  Chriftian 

Jos.  Anthony 

Charles  Thompfon 

Samuel  Litchfield 

John  Little 

James  Whitney 

Abrm.  Linard 

Eugene  Elmftead 

RuHel  Davenport 


i 


>» 


1 


( ^6) 


Robert  Allen   ■ 
John  Jaccbs 
John  Oiilin 
Anthony  Povref» 
George  Piiider 
James  Pointer 
John  Prin 
John  Planton 
"William  Pitman 
John  Potter 
John  Portland 
JiTcs  Robbins 
Henry  Pcarfon 
Joth  Pcarfon 
John  P.irker  ' 

Hcnrv  Paimatre 
Robert  Deighton 
G-  orgc  Fleming 
William  Park 
George  Pender 
John  Peters,  jun. 
David  Porter 
John  H.  Rictout 
Samuel  Robinfon 
Chriftian  Moldenham 
Chriilian  Lowman 
Richard  Rimmer 
John  Rudemaker 
Stephen  Rumfey 
Thomas  Rogers 
Ole  Hanfon 
Johan  Lozawat 
Hans  Davidfon 
"William  Robbins 
Thomas  Robinfon 
James  Ov.  rton 
Thomas  Weeks  •■ 


John  Slmonfon 
John  Sheany 
Jofh.  Snow,  a  mate 
William  Smith 
Paniel  Talmage 
Andrew  Stagpole 

iohn  Andrews 
ohn  Tlllinghaft 
Charles  Smith 
William  Smith 
Charlt^s  Stewart*    • 
John  Shaw 
John  Backam 
John  Roberts 
William  Cole 
James  Jones 
Thomas  Wood 
Thomas  Wife 
Robert  Smith 
John  G.  Zenas 
William  Watfon 
Luke  White 

Wallace 
Hans  Loverty 
Samuel  Wells 
John  White 
John  William! 
Philip  Squ    es 
Francis  Cox 
Leonard  Findley 
Thomas  R.  Green 
Jefle  Cad  well 
Andrew  Ewell 
Ed.  Averell 
E     Hayes 
Joihua  Wright 
William  Brown 


(57) 


Robert  tVllliams 
John  Ward 
James  White 
William  Stanley    .  ' 
John  Williams 
Jofcph  White 
John  H.  Swinna    . 
John  Spiers 
Trill  ham  Spencer 
Alexander  Stanton    ' 
Olrrck  Barnwell 
Luther  Tracy 
Andrew  Moore 
Samuel  Moore 
Francis  Davis 
William  Thomas 
John  Schneider,  jun. 
John  Sebafton       ,/,. 
William  Tuckei 


Henry  Pearfort 
George   Alho 
John  Bell 
Charles  Davis 
Freeman  Swain 
Patrick  Welfh 
"William  Skinner 
William  Smith 
Rob'  ft  Brown 
Samuel  Howard 
Andrew  RIchec 
William  Right 
Jack  Bowier      ,    ! 
Samuel  Gain 
Thomas  Auld 
Thomas  Williams 
Jofeph  Murrall 
JameG  "lornilh 
John  Williams 


» t 


t  ♦ 


i    J 


STATEMENT 

Qf  Impressed  Seamen,  made  by  William  Savage,  EsquIrcTa 

to  the  Department  of  State. 

*i  ^ 

James  Stanford  ,  i  *    William  Robbiiis 

Thomas  Crammer  John  Steward 

John  Pcarfon  Michael  Wales 

William  Brown  '    William  M'Donald 
Witliam  Anthpny,  juR.     John  Davis 

John  G.  Seradon  Martin  Woolfe 

Nathaniel  Hufton  .        Robert  Thomfpon 

Jofhua  L.  Worthy  Daniel  Teill 

H  ' 


(  58) 


John  Marfliali 
William  Pickering 
John  Murray 
James  Morgan 
fdward  Buckingharn 
Littleton  Warren 
John  Dennis 
Thomas  Flour 
John  Cook 

Burns 

Chriftophcr  Beekman 
Thomas  RatclifF 
Peter  Holmes 
Peter  Ribblc 
William  Cripps 
Archibald  Fifties     ^ 


Daniel  Wliitchouft 
Gordon  Minet 
John  Thomfon 
William  Byroft 
John  Hunt 
John  Smith 
Stephen  Hall 
Robert  Millers 
Freeman  Swnin 
Elias  Dickinfon 
Thomas  Behell 
HolfterFowlc     '   ' 
James  Smith 
Stephen  Bradbury 
Aaron  Dill 


•♦>  (• 


-:.U 


sT. 


»■:> 


By  the  fanjc  ftatcment  it  appears,  thu  the  3d 
May,  1804,  three  paflengers  from  Galway,  in  Ire- 
land, to  New  York,  were  impreiTed  into  the  Britilh 
frigate  Cambrian 

In  the  month  c  June  of  the  fame  year,  three  paf- 
fe,ngcrs  were  imprefled  into  the  BritiQi  floop  of  war 
Driver. 

On  the  13th  July  of  the  fame  year,  fix  paflengers 
from  Liverpool,  were  imprefled  mto  the  frigate 
Cambrian. 

In  Auguft  of  the  fame  year,  eighteen  paflengers, 
from  Belfaft,  in  Ireland,  were  imprefl*ed  into  the 
fame  frigate  "    *  .:^-.t     ?:    . 

In  the  fame  month,  thirteen  pafTengers,  from  the 
fAvnc  place,  were  imprefled  into  the  Britifti  floop  of 
war  H^wk. 


N 


(59) 


Aitogether,  making  forty-three  paffcngcrs  taken 
from  American  veifels. 

It  may  not  be  improper  to  add  another  inftance 
of  imprcflmcnt,  in  that  of  fourteen  feamen,  and  onp 
paflenger,  from  the  Briti/h  (hip  Pitt,  on  the  17th 
June,  1804,  in  the  harbour  of  New  York,  by  the 
Britifh  frigate  Cambrian. 

The  Statement  of  ImprefTments  of  American 
Seamen  into  the  Britifti  Service,  laid  before  Conjsrcfa 
on  the  19th  January,  1805,  contains  a  lift  o{  feveti^ 
teen  hundred  and  thirty-three  feamen.  That  ftatc- 
ment  contained  the  names  of  fuch  perfons  only  as 
liad  made  application  to  be  releafed;  and  it  may 
fairly  be  inferred,  that  there  were  as  many  more 
imprefled,  who  had  not  an  opportunity  of  applying 
ito  our  government,  or  any  of  its  agents,  for  rcdrefs. 


'    «  •  „' 


FINIS. 


V       :i       t 


*     ' 


I 


i 


'4' 


i 


ERRATA. 

Page  3,  line  22>  for  illicit^  read  elicite  ;  page  7» 
2d  line  from  the  bottom,  for  property,  rea«l  prof- 
peri  ty  }  page  8,  18th  line,  for  native  born,  rea<| 
natural  born  ;  page  28,  note  7th,  for  Bynkerfhook* 
read  Bynkcrftiock  j  page  34,  9th  line,  for  Cooke, 
read  €ok?. 


COPY.RIGHT  SECURED  ACCORDING  TO  LAW, 

II    ■  I  I    ■    1 1 1      II      I      II Ill      ^— i»^«^)«w 


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4 


